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In Twenhafel v. State Auto Prop. and Cas . Ins. Co. , 2009 WL 2914281 C.A.7 (Ill.), the United States Court of Appeals, Seventh Circuit, reviewed whether the loss to an insured business owner’s wood inventory fell within his insurance policy’s exclusion for rain damage to personal property “in the open.”

Roger Twenhafel, who insured his business property through a policy issued by State Auto Property and Casualty Insurance Company, sought coverage under the policy for loss of his raw wood inventory damaged by rain as a result of a severe storm. The policy State Auto issued to Twenhafel was an “open peril” policy which covered all losses unless specifically excluded under the terms of the policy. State Auto denied his claim on the basis that the loss was excluded from coverage because the inventory was damaged by rain while it was “in the open.”

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