Hirschfield v. Continental Casualty Company

Andrews, Judge.

Hirschfield and Radov (plaintiffs) incurred water damage to the basement of their home, and brought this action against Continental Casualty Company and CNA Insurance Company (defendants), claiming coverage under the homeowners’ policy issued by the defendants. The trial court granted summary judgment to the defendants, who denied coverage, and plaintiffs appeal.

A grate-covered opening to an underground storm drain is located adjacent to the plaintiffs’ home. After a rainstorm, rainwater flowed or rose from the area of the grate, across the surface, and eventually entered a…