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A video explaining the interpretation of "collapse" coverage



See the full video at https://youtu.be/kUT9FigPiJ0 [19656592] A collapse is a sudden or relatively sudden event that causes serious structural damage and not a gradual occurrence over a period of time:

[ A ] homeowners insurance is likely to provide "collapse" coverage for "any serious deterioration in structural integrity …" Consequently, the term "collapse", in its ordinary, ordinary and ordinary sense, means "to collapse, collapse, or cave in a unorganized mass. & # 39;

I Rosen v. State Farm General Insurance Co. 30 cal. 4th 1070, 70 pp. 3d 351, 135 cal.Rptr. 2d 361 (cal. 06/12/2003), the Supreme Court of California revoked the Court of Appeal's choice not to enforce a clear, unambiguous and explicit policy clause because it found that there was a “mandatory public order providing such coverage.” By reversing the decision of the Dangerous Court of Appeal, the Supreme Court refused to follow the so-called "general p principle "of the decision of the Court of Appeal to force coverage because such logic would without limitation enable courts to convert life insurance into health insurance. By rewriting the coverage provision to conform to their subjective views on sound public order, "the Court of Justice and the Court of Appeal exceeded their authority", the clear language of the policy and the equally clear holdings of the Supreme Court are disregarded. [19659002] To rewrite the provision imposing the indemnity to remove its limitation to actual collapse would force the insurer to give more than it promised and allow the insured to receive more than what it paid for, thereby denying them the freedom to enter into agreements such as [19659004] The Supreme Court of Washington responded to a request from a U.S. district court and concluded that rather than adopting a fixed definition of "collapse" for all insurance contracts, it would apply Washington law to interpret the ambiguous term "collapse." “In the insurance contract before the ninth lane. The Supreme Court concluded that "" in the insurance contract means "collapse" significant deterioration of structural integrity. a part of a building that is unsuitable for its function or unsafe and, under the clear language of insurance here, must be more than just decommissioning, cracking, shrinkage, bulging or expansion. ”[ Certification from the U.S. Court of Appeals for the Ninth Circuit in Queen Anne Park Homeowners Ass & # 39; n v. State Farm Fire & Cas. Co., 183 Wash.2d 485, 352 P.3d 790 (Wash., 2015)]


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Barry Zalma, Esq., CFE, now limits his practice to serve as an insurance consultant specializing in insurance coverage, insurance claims handling, fraud and insurance fraud almost equally for insurers and policyholders. He also acts as an arbitrator or mediator for insurance-related disputes. He practiced law in California for more than 44 years as an insurance coverage and claims lawyer and more than 52 years in the insurance industry. He is available at http://www.zalma.com and zalma@zalma.com.

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