Water damage may be covered by homeowners insurance if the damage was unexpected
The Plaintiff homeowners were successful in their action against their insurer for damages caused to the roof of their residence during re-shingling where the Court found that the high winds which caused the tarps to be ripped off the roof were unexpected and, consequently, the ensuing water damage fell within coverage.
Vennard v. Aviva. March 4, 2008. Ontario Superior Court. Harris.
The Plaintiffs owned a small home and decided it was time to re-shingle the roof. With the assistance of two friends who were experienced in shingle roofing, the Plaintiffs commenced the process. The weather forecast that morning was for partly cloudy conditions. However, after 9:00 a.m. they noticed a dark air mass and elected to cover the roof with tarps as a precaution. The Plaintiffs testified that the tarps were in place prior to the rain arriving but the high wind was unexpected and far too strong to handle. The wind lifted the tarps and pulled them out from underneath the packs of shingles. Subsequently there was extremely heavy rain which caused damage to the house. They made a claim under their homeowner's policy but this was denied as the insurer argued that insufficient precautions were taken to protect the roof.
The Court found that the Plaintiffs had properly covered the roof with tarps prior to the storm and that the damage was caused by a "specified peril", being water entering through an opening which was created "suddenly and accidentally". As the insurer could not point to a relevant exclusion clause, the Court found that the loss was covered under the policy and awarded damages of $26, 569.00
This case was digested by Jonathan D. Meadows and edited by David Pilley.
