CONSTRUCTION DEFECT JOURNAL

"News and Information for Construction Defect and Claims Professionals"

CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - TUESDAY, JUNE 17, 2025

Cross-Motions for Summary Judgment Denied in Collapse Claim

June 9, 2025
Tred R. Eyerly - Insurance Law Hawaii

The court denied cross-motions from the insured and the insurer after the insured's dwelling suffered a collapse of the ceiling. Simons v. Fed. Ins. Co., 2025 U.S. Dist. LEXIS 75839 (C.D. Cal. March 4, 2025).

Gary Simons bought a second home located in Park City, Utah (Utah Property) that was an architectural master piece sitting on 4.5 acres of land. He purchased a policy from Chubb. A renewal of the policy for the third year of coverage provided $18,595,000 in coverage for the dwelling and $4,978,500 in content coverage.

On August 7, 2022, the ceiling suddenly and unexpectedly collapsed, causing substantial damage and rendering the Utah Property unhabitable. A claim was submitted to Chubb. Chubb's inspection reported collapse damage to the kitchen and great room ceiling and water damage throughout the home. The inspector concluded that the cause of the kitchen ceiling collapse was defective construction. The Chubb policy excluded any loss caused by faulty construction or maintenance. Chubb paid a total of $3,367,084.44 for the claim.

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


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