Collapse Coverage Questions

[NYCkmb]

A homeowner has hidden water damage to the sill plate (above grade), wall and floor joists which has caused the supporting wall joist to snap. The floor above (which is cantilevered off the damaged area) has now fallen, pitched down, 3/4-1" in certain areas, but is still attached to the home.

The homeowners policy does not define collapse but does make note that:
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We will cover:
a. the entire collapse of a covered building structure;
b. the entire collapse of part of a covered building structure; and
c. direct physical loss to covered property caused by (a) or (b) above.

For coverage to apply, the collapse of a building structure specified in (a) or (b) above must be a sudden and accidental direct physical loss caused by one or more of the following:

b. hidden damage to the building structure.

Collapse does not include settling, cracking, shrinking, bulging or expansion.
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Would this loss be covered under Collapse since it's 'hidden decay' and the policy does not define Collapse. The homeowners have a Allstate Deluxe Plus Policy.

 

[Accelerated]

The defining words are "sudden and accidental". Did the insured notice the problems over time and "wait until it got worse" to file a claim? (The question may seem flippant, but it does happen with astonishing regularity).

If the area above is cantilevered, how did the damage go unnoticed? (Absent photos or seeing it myself, it is difficult to envision).

 

[djs]

Where did the water damage come from?
Always start with the actual cause of the damage. If that isn't covered, its hard to pick up coverage downstream.

From the description, it sounds like this was months, maybe years, in the making, meaning its hard to envision how this would be covered. But, as Accelerated mentioned, if there is something that is 'sudden and accidental', then there is likely a good reason to pursue coverage questions.

Dan

 

[NYCkmb]

It was not until Sandy did the insured notice the issue with the upper floor...they are located on the water, but did not sustain flooding.

There was, however, a pipe burst in the basement that required the drywall to come down and it wasn't until then did the damage to the sill and joists was uncovered. See photo. (pipe in photo was the one that broke)

There are windows and a french doors on the main living area that are right above the damaged area in the basement. The insured did make a claim for damage to the windows, as the window casings shifted as a result of the wind forces and carrier has agreed to cover R&R of those windows. There is also water damage to the base of the windows, which I believe was a result of Wind Driven rain.

I do agree that the damages to the sill must have been a long term issue, as the extent of the damages would not have occurred from just one storm, but the broke wall joist appears to be sudden and most likely due tot he excess pressure being placed upon it from the decayed sill.

 

[b61mack]

It is up to the adjuster, but i doubt it. I lived in many Victorian home that if you used a level to hang a picture, it would look crooked.