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The Oregon Court of Appeals has dismissed an insurance claim from a Myrtle Creek couple seeking compensation for storm damage to their home and possessions while replacing the shakes on their roof.
The court ruled that Farmers Insurance Co. was not liable for paying for the damage caused to Tim and Beth Dewsnup's home after water seeped through the plywood subroof. The damage occurred after Tim Dewsnup, a contractor who was doing the project himself, fell off the roof and dragged protective plastic sheeting with him.
Dewsnup had secured the plastic sheeting to the subroof that day he started the project in June 2006. On the second day, high winds ripped one of the pieces of plastic sheeting off the roof and allowed rainwater to enter where the plywood sheets met at the home on South Myrtle Road.
While repairing the sheet and adding another layer, Dewsnup lost his footing and fell off the roof. During the spill, he ripped off all of the layers of sheeting and hurt his back. Because of his injury, Dewsnup was unable to return to the roof that day and water continued to seep into the house.
Farmer's denied the subsequent claim, saying the loss was caused by water damage. The Dewsnups filed a breach of contract claim in Douglas County Circuit Court.
Circuit Judge Randy Garrison ruled against the couple before the case went to trial. He found that once the shakes were removed from the roof, it ceased to be the “dwelling” covered by the insurance policy.
In their appeal, the Dewsnups argued that their loss was caused by either a windstorm or a falling object — Tim Dewsnup — causes covered under the policy. They also claimed the plastic sheeting should be considered a roof within the meaning of the policy.
Farmer's countered that it was liable only if there was damage to the roof. The company disagreed that a sheet of plastic stapled to the top of a house could be considered a roof.
The three-member appeals panel agreed with Farmer's contention and found that Garrison made the correct decision but for the wrong reason. Temporarily removing the shakes, the appeals court said, did not change its status as an insured dwelling.
While the policy did not define “roof,” the court used a Webster's dictionary definition of “the outside cover of a building or structure, including the roofing and all materials and construction necessary to maintain the cover upon its walls or other support.”
Under that definition, a temporary plastic sheet covering a plywood subroof is not a roof, Judge Jack Landau wrote in the seven-page decision.
“Such plastic might be understood to cover the roof, but in no reasonable sense would the sheet of plastic constitute the roof itself. If someone attempted to sell a house that was covered by such a plastic sheet, we doubt that any reasonable buyer would believe that he or she was buying a house that had a ‘roof,'” Landau wrote.
• You can reach reporter John Sowell at 957-4209 or by e-mail at jsowell@nrtoday.com.
The court ruled that Farmers Insurance Co. was not liable for paying for the damage caused to Tim and Beth Dewsnup's home after water seeped through the plywood subroof. The damage occurred after Tim Dewsnup, a contractor who was doing the project himself, fell off the roof and dragged protective plastic sheeting with him.
Dewsnup had secured the plastic sheeting to the subroof that day he started the project in June 2006. On the second day, high winds ripped one of the pieces of plastic sheeting off the roof and allowed rainwater to enter where the plywood sheets met at the home on South Myrtle Road.
While repairing the sheet and adding another layer, Dewsnup lost his footing and fell off the roof. During the spill, he ripped off all of the layers of sheeting and hurt his back. Because of his injury, Dewsnup was unable to return to the roof that day and water continued to seep into the house.
Farmer's denied the subsequent claim, saying the loss was caused by water damage. The Dewsnups filed a breach of contract claim in Douglas County Circuit Court.
Circuit Judge Randy Garrison ruled against the couple before the case went to trial. He found that once the shakes were removed from the roof, it ceased to be the “dwelling” covered by the insurance policy.
In their appeal, the Dewsnups argued that their loss was caused by either a windstorm or a falling object — Tim Dewsnup — causes covered under the policy. They also claimed the plastic sheeting should be considered a roof within the meaning of the policy.
Farmer's countered that it was liable only if there was damage to the roof. The company disagreed that a sheet of plastic stapled to the top of a house could be considered a roof.
The three-member appeals panel agreed with Farmer's contention and found that Garrison made the correct decision but for the wrong reason. Temporarily removing the shakes, the appeals court said, did not change its status as an insured dwelling.
While the policy did not define “roof,” the court used a Webster's dictionary definition of “the outside cover of a building or structure, including the roofing and all materials and construction necessary to maintain the cover upon its walls or other support.”
Under that definition, a temporary plastic sheet covering a plywood subroof is not a roof, Judge Jack Landau wrote in the seven-page decision.
“Such plastic might be understood to cover the roof, but in no reasonable sense would the sheet of plastic constitute the roof itself. If someone attempted to sell a house that was covered by such a plastic sheet, we doubt that any reasonable buyer would believe that he or she was buying a house that had a ‘roof,'” Landau wrote.
• You can reach reporter John Sowell at 957-4209 or by e-mail at jsowell@nrtoday.com.
