CONSTRUCTION DEFECT JOURNAL

"News and Information for Construction Defect and Claims Professionals"

CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - WEDNESDAY, NOVEMBER 6, 2024

Insured's Collapse Claim Survives Summary Judgment

Pen resting on insurance policy

A portion of the floor was removed, revealing that "everything was rotted" and that the structural beams underneath showed severe deterioration.

October 28, 2024
Tred R. Eyerly - Insurance Law Hawaii

The insurer's motion for summary judgment seeking to dispose of the insured's claim for collapse was denied. Life Skills, Inc. v. Harleysville Ins. Co., 2024 U.S. Dist. LEXIS 143658 (D. Mass. Aug. 13, 2024).

Life Skills was a non-profit social service agency providing residential and day habilitation services to adults with autism and intellectual and developmental disabilities. The head office was covered by a policy issued by Harleysville with building coverage limits of $3,038,300.

Damage occurred in a ceramics classroom located in the basement of the building. The floor sank between eight to twelve inches in the northeast corner. The ceramics classroom contained two large kilns weighing approximately 200 pounds.

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


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