
The insured's claim for damage to the property's electrical equipment and power loss after a wind and rain storm was not covered due to the policy's anti-concurrent causation clause. Allah-Pak Properties, LLC v. Century Surety Co., No. 2:23-CV-00301, Order (S.D. Texas Aug. 8, 2025).
During a storm, water seeped into the insured's property's utility room, causing damage to electrical equipment and power loss. The insured notified its insurer, Century Surety Company. An engineer hired by Century inspected and found that water intruded the electrical equipment in the electrical room through roof mounted conduit fittings and associated roof penetrations. Further, the root cause for the water intrusion was improper maintenance practices. The inspector also determined that the roof damage resulted from a severe windstorm followed by a heavy rainstorm that caused water to enter through the roof and damage the electrical panels. The likely cause of the breaks in the seal was the wind causing the wires to swing, imposing lateral pressure onto the conduit pipes which broke the seal.
Mr. Eyerly may be contacted at te@hawaiilawyer.com