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Comley v. Auto-Owners Ins. Co.

Citation: 563 S.W.3d 9Docket: 2017-SC-000596-DG

Court: Missouri Court of Appeals; December 12, 2018; Missouri; State Appellate Court

Narrative Opinion Summary

The case involves a dispute between a homeowner and an insurance company regarding coverage under a homeowner's insurance policy. The homeowner experienced significant water damage in the basement after a public water main burst near his home. The insurance company denied the claim, citing policy exclusions related to water damage from 'flood', 'surface water', and 'water below the surface of the ground'. The trial court granted summary judgment in favor of the insurer, and this decision was upheld by the Court of Appeals. However, upon further review, the higher court reversed the decision, finding that the exclusions applied only to natural water phenomena and not to damage caused by man-made systems like a broken water main. The court emphasized that the policy's language indicated damages from natural forces were excluded, which did not encompass the circumstances of the claim. Consequently, the case was remanded for further proceedings consistent with the court's interpretation that the policy exclusions did not apply to the homeowner's losses, focusing solely on the exclusions and not broader coverage issues.

Legal Issues Addressed

Definition and Application of 'Flood' in Insurance Policies

Application: A flood occurs only when there's an overflow from a body of water; thus, a broken water main does not constitute a flood under the policy's definitions.

Reasoning: Couch argues that flooding occurs only when there's an overflow from a body of water, and an incident like a broken water main does not constitute a flood.

Definition of 'Surface Water' in Insurance Policies

Application: Water from a broken main flowing through a defined channel cannot be classified as surface water, and therefore, the policy's exclusion does not apply.

Reasoning: Thus, if water flows through a defined channel, it cannot be classified as surface water, which applies to the current case where damage resulted from water from a water main.

Interpretation of Insurance Policy Exclusions

Application: The court determined that the exclusions for 'flood', 'surface water', and 'water below the surface of the ground' did not apply to the water damage from the burst water main, as these exclusions pertain to natural phenomena, not man-made systems.

Reasoning: The court rejected these arguments, interpreting the exclusions as pertaining to damage from natural water phenomena, not from man-made systems like the ruptured water main.

Role of Policy Language in Determining Coverage

Application: The court found that the phrase 'regardless of the cause' did not negate the requirement for the event to fit specific categories to trigger exclusions.

Reasoning: Auto-Owners contends that the phrase 'regardless of the cause' negates the distinction between natural and artificial water damage. However, the phrase does not change that the event must fit the definitions of 'flood, surface water, waves, tidal water, storm surge, or overflow of a body of water' for the modifier to apply.