Legal Opinion

Ocean Winds Council of Co-Owners, Inc. v. Auto-Owner Insurance

Supreme Court of South Carolina

Decided June 17, 2002No. 25485PublishedCited by 20 opinions

1Opinion of the CourtJustice Moore

We accepted this certified question to interpret a property insurance policy providing coverage for “risks of direct physical loss involving collapse of a building or any part of a building.”

FACTS

Plaintiff (Ocean Winds) seeks payment from defendant (Insurer) under collapse coverage in its policy which provides:

5. ADDITIONAL COVERAGES

d. COLLAPSE

We will pay for loss or damage caused by or resulting from risks of direct physical loss involving collapse of a building or any part of the building caused only by one or more of the following:(2) hidden decay;(3) hidden insect or vermin damage

Collapse…

2Cases cited10 opinions

  1. Doheny West Homeowners' Ass'n v. Am. Guarantee & Liab. Ins. Co.California Court of Appeal · 1997
  2. Royal Indemnity Co. v. GrunbergAppellate Division of the Supreme Court of the State of New York · 1990
  3. Whispering Creek Condominium Owner Ass'n v. Alaska National Insurance Co.Alaska Supreme Court · 1989
  4. American Concept Insurance v. JonesDistrict Court, D. Utah · 1996
  5. Fantis Foods, Inc. v. North River Ins.New Jersey Superior Court Appellate Division · 2000

5 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. 401 Fourth Street, Inc. v. Investors Insurance GroupSupreme Court of Pennsylvania · 2005
  2. Jack Buczek v. Continental Casualty Insurance CompanyCourt of Appeals for the Third Circuit · 2004
  3. Masonic Temple Ass'n of Crawfordsville v. Indiana Farmers Mutual InsuranceIndiana Court of Appeals · 2002
  4. Queen Anne Park Homeowners Ass'n v. State Farm Fire & Casualty Co.Court of Appeals for the Ninth Circuit · 2014
  5. Queen Anne Park Homeowners Ass'n v. State Farm Fire & Casualty Co.Washington Supreme Court · 2015

15 more not listed; retrieve them via the Exa API.

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