The court found that damage to the insured's home was not due to a covered collapse, but was caused by wood rot and termite damage. Pezzano v. Liberty Mut. Midatlantic Inc. Co., 2024 U.S. Dist. LEXIS 46971 (D. N.J. March 18, 2024).
When putting up a Christmas tree, the insured pulled a couch away from the wall and noticed a gap between the floor and the wall. She was not aware of when or how the gap was formed. Upon inspection, it was discovered that a beam was cracked in the crawl space. Efforts were made to shore the cracked beam.
Subsequently, the insured retained The Ramtin Group to investigate. Ramtin opined the damage to the beam was caused by wood rot and termite damage, and that deterioration of the beam happened over a period of time. The report agreed that the shoring of the beam was the correct course of action; othewise the house would have been at risk of collapse.
Mr. Eyerly may be contacted at te@hawaiilawyer.com