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Insurance Claim Dispute

John worked with the plaintiff in a matter involving severe damage to a home due to water entering a fourth floor door during Hurricane Ike. Hundreds of gallons of water entered and flooded the home all the way through to the first floor. The insurance company issued a denial based upon the assertion that the door was not broken and suffered no visible permanent physical damage. John noted that there was physical evidence along with witness testimony that the force of the wind had bowed the door back until it had lost contact with the gaskets and this had allowed water sheeting down the exterior wall to enter the home in large quantities. The opposing expert agreed with the insurance company that the seepage exclusion applied, however when confronted with the evidence John presented, also agreed with John and stipulated that during the storm, the door had lost contact with the gaskets which created a temporary opening, and that the water entered through that opening, and that the direct force of the wind caused that to happen. The opposing expert, however, still stood firm that the denial was appropriate. The policy language stated that coverage was excluded unless the direct force of the wind caused an opening and the rain entered through that opening. John advised the attorney that the opposing expert had stipulated the specific factors that would support the Plaintiff’s coverage. A partial summary judgment was requested and received supporting this opinion and the plaintiff received a very favorable settlement shortly thereafter.