Joshua Tumen and Paul Ferland | The Property Insurance Law Observer In Life Skills, Inc. v. Harleysville Insurance Company, 2024 WL 3792261 (D. Mass. 2024), the District Court of Massachusetts found that “collapse” provisions within a commercial property policy were ambiguous where a floor merely sagged without completely falling to the ground. Background The plaintiff-insured provided… Continue reading Does a Sagging Floor Constitute a “Collapse”? Court Finds Ambiguity in “Collapse.”
Tag: Collapse
Collapse Claim Fails Due To Defectively Designed Roof and Deck
Tred R. Eyerly | Insurance Law Hawaii The insured’s claim for collapse of his roof and deck failed due to defective design and other exclusions under the policy. Dudar v. State Farm & Cas. Co., 2024 U.S. Dist. LEXIS 52706 (N.D. Ga. Feb. 6, 2024). The insured submitted a claim to State… Continue reading Collapse Claim Fails Due To Defectively Designed Roof and Deck
Jury’s Verdict for Loss Caused by Collapse Overturned
Tred R. Eyerly | Insurance Law Hawaii The Florida Court of Appeal overturned the jury’s verdict findng loss caused by collapse. Universal Prop. & Cas. Ins. Co. v. Caboverde, 2023 Fla. App. LEXIS 4474 (Fla. Ct. App. June 28, 2023). The insured homeowners had two claims. One was a 2016 ceiling collapse;… Continue reading Jury’s Verdict for Loss Caused by Collapse Overturned
Coverage for Collapse Ordered on Summary Judgment
Tred R. Eyerly | Insurance Law Hawaii A collapsed floor in a restaurant was found to be covered. J&J Fish on Center Street, Inc. v. Crum & Forster Spec. Ins. Co., 2022 U.S. Dist. LEXIS 163661 (D. Wis. Sept. 12, 2022). J&J Fish rented property from Vision. Vision was obligated to… Continue reading Coverage for Collapse Ordered on Summary Judgment
Treble Damages Awarded After Insurer Denies Coverage for Collapse
Tred R. Eyerly | Insurance Law Hawaii The Fourth Circuit upheld the district court’s decision that a collapse was covered, but reversed the denial of treble damages to the insured. DENC, LLC v. Phila. Indem. Ins. Co., 2022 U.S. App. LEXIS 10443 (4th Cir. April 18, 2022). The district court decision was summarized here. … Continue reading Treble Damages Awarded After Insurer Denies Coverage for Collapse