Comley v. Auto-Owners Insurance Co.Annotate this Case
The Supreme Court reversed the decision of the court of appeals affirming the trial court’s grant of summary judgment in favor of Auto-Owners Insurance Company on Lee Comley’s complaint seeking payment from Auto-Owners for the loss to his property caused by water damage, holding that the lower courts erred in concluding that the damage-causing event was excluded by the policy.
Comley had homeowner’s insurance through Auto-Owners. When water inundated the basement of Comley’s home from a public water main that broke at a railroad crossing near his home, Comley filed a claim for loss to his home and its contents. Auto-Owners denied the claim based upon the application of policy exclusions relating to water damage. The trial court ruled that the policy’s exclusions applied to deny Comley’s claim, and the court of appeals agreed. The Supreme Court reversed, holding that none of the policy exclusions applied under the facts of this case to negate potential coverage, and therefore, summary judgment was improperly granted.