Justice Saliann Scarpulla
Insurer Hermitage moved for summary judgment dismissing the complaint. Consulate General of Lebanon cross-moved for summary judgment in this action to recover damages for breach of an insurance policy. Hermitage issued Consulate a policy for its property, which sustained water damage. Consulate argued the damage was from a covered peril, demanding coverage by Hermitage. Hermitage claimed it properly disclaimed as the policy excluded coverage for interior damage caused by rain, snow or ice, unless the premises first sustained damage by a covered loss to its roof or wall through which the rain entered. The court stated Hermitage met its burden of establishing entitlement to judgment finding it properly maintained that the alleged loss was not covered under the policy due to the rain water exclusion. It noted Consulate provided, in the property loss notice, the premises suffered water damage due to heavy rain, and neither the roof, nor exterior walls sustained any damage through which rain water entered. The policy also excluded coverage for water that backed up or overflowed from a sewer or drain, and Consulate’s damage was caused by an overflow from a blockage in the plumbing system in the basement. Thus, Hermitage’s motion was granted.
