Ocean Winds Council of Co-Owners, Inc. v. Auto-Owner Insurance
Supreme Court of South Carolina
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
- Doheny West Homeowners' Ass'n v. Am. Guarantee & Liab. Ins. Co.California Court of Appeal · 1997
- Royal Indemnity Co. v. GrunbergAppellate Division of the Supreme Court of the State of New York · 1990
- Whispering Creek Condominium Owner Ass'n v. Alaska National Insurance Co.Alaska Supreme Court · 1989
- American Concept Insurance v. JonesDistrict Court, D. Utah · 1996
- 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
- 401 Fourth Street, Inc. v. Investors Insurance GroupSupreme Court of Pennsylvania · 2005
- Jack Buczek v. Continental Casualty Insurance CompanyCourt of Appeals for the Third Circuit · 2004
- Masonic Temple Ass'n of Crawfordsville v. Indiana Farmers Mutual InsuranceIndiana Court of Appeals · 2002
- Queen Anne Park Homeowners Ass'n v. State Farm Fire & Casualty Co.Court of Appeals for the Ninth Circuit · 2014
- 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.