Del. Court Says Water From Leaky Roof is Not Excluded 'Surface Water'

WILMINGTON, Del. - A Delaware judge has ruled that rainwater that damaged a commercial building undergoing roof repairs was not "surface water" within the meaning of an insurance policy exclusion. Brandywine Smyrna Inc., et al. v. Millennium Builders LLC, et al., No. 08C-11-065 MMJ (Del. Super. Ct., New Castle Cty.).

The court also ruled in its April 8 opinion that jurors can decide the weight to give to an economic expert's opinions on the building owner's claim for lost sales loyalty performance income and lost profits.

This case arose from water damage to a car dealership that was undergoing …