The appellant's banquet hall suffered significant damage following an unusually severe rainstorm.
The insurer paid the $500,000 limit under a sewer backup endorsement but denied coverage under a flood endorsement and for business interruption losses.
The trial judge dismissed the appellant's claims.
On appeal, the Court of Appeal held that the trial judge erred in importing a surface water exclusion into the flood endorsement, finding that the massive influx of water constituted a flood.
The appellant was awarded $429,329.18 under the flood endorsement based on a prior appraisal award.
The court upheld the dismissal of the claims for business interruption losses, extra-contractual damages, and professional fees.
