Questão jurídica principal
Whether the claimed damage was an insured storm loss or an excluded defect-based loss under the building insurance statute.
Decisão extraída
The decisive cause was defective construction of the roof, not an insured element damage; the exclusion applies even though the roof was built by professionals and had stood for nearly 20 years.
Fundamentação extraída
The expert report and site inspection showed the roof was not properly anchored against wind suction. A proper structural anchoring would have prevented the uplift. Because the damage was attributable to faulty execution, § 14 Abs. 1 lit. a GVG excludes liability.