Collapse Claim Dismissed

Ruin

Tred R. Eyerly discusses the case Coonce v. CSSA Fire & Cas. Ins. Co.

December 4, 2018
Tred R. Eyerly - Insurance Law Hawaii

The complaint alleged collapse, but the claimed cause of the collapse was not a covered cause under the insured's policy, mandating a dismissal of the complaint. Coonce v. CSSA Fire & Cas. Ins. Co., 2018 U.S. App. LEXIS 25010 (10th Cir. Sept. 4, 2018).

The ceiling in the insured's living and dining areas caved in. An engineering survey determined that the nails used in the construction had failed to hold. The insured made a claim on her policy issued by CSAA. Coverage was denied and the insured sued.

The insured was given two opportunities to amend her complaint by the district court, but the motion to dismiss for failure to state a claim was eventually granted.

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



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