"Abrupt Falling Down of Building or Part of Building" as Definition of Collapse Found Ambiguous

Hotel building

Tred R. Eyerly analyzes Hoban v. Nova Cas. Co.

October 23, 2018
Tred R. Eyerly - Insurance Law Hawaii

The federal district court predicted the California Supreme Court would find the definition of collapse, calling for the abrupt falling down or caving in of a building or part of a building, to be ambiguous. Hoban v. Nova Cas. Co., 2018 U.S. Dist. LEXIS 139116 (N.D. Cal. Aug. 15, 2018).

The insureds' bowling center had two roof trusses that helped support the roof. The truss failures caused the building ceiling, overhead monitors, and disco ball to drop approximately six to ten inches, and also caused ceiling tiles and a layer of insulation to fall from the ceiling. A general contractor, named Tom Powers, and the county building inspector inspected the damage. The building inspector immediately ordered the business closed until necessary repairs could be completed. Powers was hired to shore up the roof support system to prevent a complete collapse. Thereafter, the insureds were able to re-open the bowling alley.

Mr. Eyerly may be contacted at te@hawaiilawyer.com


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