My client owns a business which operates out of a wooden building which was built in 1956. Recently, upon arriving at the business, my client noticed that ceiling was sagging. Upon further inspection, it was determined that one of the wood trusses had cracked. The one cracked truss, has now led to another cracked truss. Because of the problem, the building is uninhabitable.
My client reported the claim to his property insurer. The property insurer summarily rejected the claim, alleging that the cracked truss was due to old age, and poor construction.
Today, I filed a lawsuit against the property insurer under the collapse coverage. The collapse coverage contained in most policies is quite broad and allows recovery if there is a sudden falling down or caving in or a building or any part of a building. The cracking of the truss was sudden, and certainly constitutes a “part of a building.”
As with most of my insurance cases, if I win, the insurance company will be responsible for my fees and costs, and if I lose, I’ll work for free.