Amish Connection, Inc. v. State Farm Fire and Casualty Company

I respectfully dissent. While I agree with my colleagues in the majority that the policy exclusion for losses “caused by rain” is an important aspect of a proper analysis of this case, I disagree that our disposition turns on the perceived distinction between rain and rainwater.

It is important to understand precisely the loss for which Amish Connection seeks coverage. Amish Connection does not claim coverage for the cost of repairing or replacing the failed drain pipe. Cf. Berry v. Commercial Union Ins. Co., 87 F.3d 387, 388 (9th Cir.1996) (noting the damage for which coverage was sought was…