Building Must Actually Fall Down for Collapse to be Covered
Barry Zalma
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Windcrest Owners Association filed a lawsuit against Allstate Insurance after the company declined a claim for property damage to a building in its condominium development. Allstate moved for summary judgment, alleging that the property damage was not covered as a “collapse” and was excluded from coverage because it resulted from faulty construction and maintenance. The trial court granted summary judgment dismissing Windcrest’s claims.
In Windcrest Owners Association v. Allstate Insurance Company, an Illinois company, State Farm, No. 82836-3-I, Court of Appeals of Washington, Division 1 (December 12, 2022) Windcrest sought payment to repair a building in severe distress as a result of wear, tear, and defective construction under a “collapse” coverage. The Court of Appeals read the full policy and applied its language to the facts presented by construction experts.
FACTS
Windcrest Condominiums notified Allstate of a property damage claim based on a structural report prepared by Dibble Engineers. The report noted decay consistent with substantial impairment of structural integrity to one of the buildings. Windcrest sued Allstate, alleging breach of contract and bad faith.
ANALYSIS
The Allstate policy defines “collapse” as follows: “a. Collapse means an abrupt falling down or caving in of a building, or any part of a building, with the result that the building or part of a building cannot be occupied for its intended purpose..."
Windcrest produced no evidence that the structures were no longer habitable.
Since the evidence showed no abrupt or sudden falling down of any part of a building such that it could not be occupied for its intended purpose the Allstate policy explicitly excluded coverage.
ZALMA OPINION
Allstate provided coverage to insured’s whose property collapses. However, it provided a clear and unambiguous definition of the word “collapse.” Once a contract is written an accepted by an insured the wording cannot be changed by a court to provide the coverage the insured would like and must apply the coverage written in the policy.
(c) 2022 Barry Zalma & ClaimSchool, Inc.
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Barry Zalma, Esq., CFE, is available at http://www.zalma.com and [email protected]
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When I finished my three year enlistment in the US Army as a Special Agent of US Army Intelligence in 1967, I sought employment where I could use the investigative skills I learned in the Army. After some searching I was hired as a claims trainee by the Fireman’s Fund American Insurance Company. For five years, while attending law school at night while working full time as an insurance adjuster I became familiar with every aspect of the commercial insurance industry.
On January 2, 1972 I was admitted to the California Bar. I practiced law, specializing in insurance claims, insurance coverage and defense of claims against people insured and defense of insurance companies sued for breach of contract and breach of the implied covenant of good faith and fair dealing. After 45 years as an active lawyer, I asked that my license to practice law be declared inactive ...
