We have been asked to adjust a homeowners claim resulting from an ice storm that hit our state last winter. Ice formed on trees in the yard with the result that two branches broke off. One fell on a fence and one on a swing set. The swing set is the metal kind that may easily be set up in a yard. The insurer is of the opinion that neither loss is covered, citing the following exclusion of coverage for the fence, "weight of ice …to a fence," and citing the coverage provision for "weight of ice which … causes damage to property contained in a building." The insurer says that the swing set wasn't in a building, and so it is not covered.

We hold that the peril of "falling objects" applies to both losses. May we have your opinion?

Virginia Subscriber