Jon Morrow and Killian Walsh of KNM’s St. Louis office recently secured summary judgment on the collapse provision of an insurance policy.
The subject policy afforded coverage for an abrupt collapse where said collapse was the result of an enumerated cause such as hidden decay or defective construction methods. The insureds alleged that their property abruptly collapsed based on the fact that numerous areas of plaster had fallen inside which they attributed to a leaning foundation. KNM outlined the fact that not only was this leaning present as early as 2009 (i.e. not abrupt) but these facts did not equal a collapse under Missouri case law as the building was still standing and was not reduced to rubble. KNM also pointed out that plaintiff had failed to place the alleged collapse within an enumerated cause. The summary judgment followed a Daubert win wherein the Court struck the plaintiff’s primary expert completely upon KNM’s Motion, weakening the plaintiff’s case significantly.
Read the Court’s Order here.