CONSTRUCTION DEFECT JOURNAL

"News and Information for Construction Defect and Claims Professionals"

CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - TUESDAY, SEPTEMBER 9, 2025

Insurers' Motion for Summary Judgment on Collapse Claim Granted in Part, Denied in Part

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The insurer's motion for summary judgment on the insured's collapse claim was partially granted, but mostly denied.

September 8, 2025
Tred R. Eyerly - Insurance Law Hawaii

The insurer's motion for summary judgment on the insured's collapse claim was partially granted, but mostly denied. LDG Rentals, LLC v. Western World Ins. Co., 2025 U.S. Dist. LEXIS 117063 (D. Kan. June 18, 2025).

LDG Rentals, LLC purchased a two-story, 125 year old building. LDC sought coverage for the building through its agent, Acrisure. The agent inspected the building and said calculations were needed to determine the cost of rebuilding the structure with modern pricing. The agent, however, never performed any calculations, and based his coverage recommendation on the prior owner's insurance coverage. A $200,000 policy was recommended. LDG accepted the recommendation and purchased a policy with Western World with limits of $200,000.

A few weeks later, the north wall of LDG's building partially collapsed. A claim was submitted under the policy. Western World hired an investigator, who found that the collapse was caused by deterioration of mortar around bricks. A structural engineer then determined that the collapse resulted from long-term age-related deterioration and the failure to maintain the structure. Western World denied coverage.

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


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