Issues of Fact Prevent Insurer's Summary Judgment Motion in Collapse Case

Facts key on keyboard

Attorney Tred R. Eyerly analyzes Bitters v. Nationwide Gen. Ins. Co.

January 17, 2022
Tred R. Eyerly - Insurance Law Hawaii

The insurer's effort to dismiss the insured's collapse case by motion for summary judgment failed. Bitters v. Nationwide Gen. Ins. Co., 2021 U.S. Dist. LEXIS 228523 (E.D. Pa. Nov. 30, 2021).

The insured alleged that there was a "sudden and accidental direct physical loss" to his home caused by collapse due to hidden insect damage to the foundation. The insured came home to find the floor of a bedroom dropped down to the cement slab below. He filed a claim with Nationwide, but coverage was denied. Suit was filed and Nationwide moved for summary judgment.

The policy provided coverage for a sudden and accidental collapse caused by hidden insect damage. A building or part of a building was not considered in the state of collapse if it was standing, even if it was in danger of falling low or caving in.

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



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