Windstorm Policy and Fire Following Power Failure

Our insured has a windstorm policy only. When Hurricane Wilma hit in October, 2005, it took down a large tree in the insured's yard, as well as the power line. Power was out throughout the area from October until November 9. When the power company restored the power, the house caught fire.

We turned in a claim, but it was denied. We think that the proximate cause was the hurricane that took the tree and wire down; had this not occurred the power would not have had to be restored and the fire would not have occurred. The "power failure" exclusion says that any ensuing loss to property not otherwise excluded is covered, so we think the ensuing loss—the fire—is covered.