Deterioration Known To Insured Forecloses Collapse Coverage

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Tred R. Eyerly analyzes the case Jaimes v. Liberty Ins. Corp.

January 28, 2019
Tred R. Eyerly - Insurance Law Hawaii

The insurer properly denied coverage for collapse of a building when the insured knew from an expert’s examination that the walls of his house were deteriorating. Jaimes v. Liberty Ins. Corp., 2018 U. S. Dust. LEXIS 198224 (D. Colo. Nov. 21, 2018).

The insured discovered a crack in the wall of his home. He hired Anchor Engineering to inspect. Anchor found a large bulge in the south wall. Several problems with deterioration were noted in the basement. The structure of the house was unstable and dangerous.

The insured filed a claim with his homeowners insurer, Liberty. The claim was denied because damage to the wall was the result of deterioration.

The south wall of the house later collapsed. The insured submitted a second claim. Liberty again denied the claim because the collapse was the result of deterioration of the wall. The insured sued.

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



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