Questione giuridica chiave
Whether the storm damage to the sun awning was a compensable element loss under the building insurance law.
Decisione estratta
The damage was not compensable because the awning was not treated as a storm-resistant protective structure and the loss was avoidable by timely retraction.
Motivazione estratta
The court accepted that a storm occurred, but held that sun awnings are designed primarily for sun protection and typically withstand only limited wind. Given the forecasted bad weather and wind warnings, the owners had to take reasonable precautions; their failure to retract the awning constituted a breach of duty under § 34 Abs. 2 GVG and supported denial under § 14 lit. a GVG.