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ARTICLE · 13 AUGUST 2002

The Decks are Collapsing

United StatesLitigation, Mediation & Arbitration
William Hickman
William Hickman

FACTS:

George decided to remove and repair two decks at his Palos Verdes Estates home. He decided that after being told by a contractor that he had discovered severe deterioration in the framing members supporting the decks. George believed his decks were in a state of imminent collapse.

After spending $87,000 to repair the decks, George submitted a claim to State Farm, his homeowner’s insurer. His State Farm policy insured for direct physical loss to covered property involving the "sudden, entire collapse of" the building or any part of the building. "Collapse" was defined to mean: "Actually fallen down or fallen into pieces."

Upon receipt of the claim, State Farm investigated. It denied the claim pointing out to George that his decks had not "actually fallen down . . . into pieces" and that byrepairing the decks prior to submitting the claim, he had prejudiced State Farm bydepriving it of the opportunity to inspect the damage.

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