Insurers, Contractor Address Rain Exclusion In Briefing Before 9th Circuit

Mealey's (October 25, 2023, 3:35 PM EDT) -- SAN FRANCISCO — A contractor “argues it can sidestep the Rain Exclusion by recharacterizing the rain and snow that fell on the incomplete roof as a different ‘peril’ than that contemplated by the” exclusion, but the exclusion “unambiguously contemplates and excludes damage from rain and snow that damages the Project’s interior before its roof is finished,” the contractor’s all-risk insurers say in urging the Ninth Circuit U.S. Court of Appeals to affirm a lower court’s grant of summary judgment in their favor....