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Coverage issue

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Agentsg1

Junior Member
Coverage issue retry...

Contract coverage issue

Last July I had a new roof on my residence, 4hrs later a 18x20ft section of ceiling inside completely collapsed. State Farm is my insurer. After being denied due to a 'bad method of construction, ceiling was nailed up not screwed' I was later approved for the collapse under a rusty nail Deterioration of a connector hidden from view. I had to point out to them with the help from my drywall contractor that the continuous ceiling had to be redone also, and after a small fight, that was covered also. SF seems to refuse to look at the roofer or do any type of subrogation. SF never got an engineer. I am also suing for basically bad faith because I felt and have documentation of every additive Ive had to get them to cover like the continuous ceiling and correcting their SQ footage calculations, and requesting and not getting my full policy for 8 months plus numerous other things. I am taking State Farm to small claims with a Jury Pro-SE to argue the remainder of the ceilings in the other rooms that my contractor tried to save but they were pulling away too much to be salvaged. USD 9600.00 State Farm contract does have the stipulation of collapse must be falling down to pieces and they do have the wording to ward off concurrent causation. But I found this in the contract Section 1 additional coverages Collapse Collapse. We insure only for direct physical loss to covered property involving the sudden, entire collapse of a building or any part of a building. ******************************************.... see word involving Collapse means actually fallen down or fallen into pieces. It does not include settling, cracking, shrinking, bulging, expansion, sagging or bowing. The collapse must be directly and immediately caused only by one or more of the following a. perils described in SECTION I LOSSES INSURED, COVERAGE B PERSONAL PROPERTY. These perils apply to covered building and personal property for loss insured by this Additional Coverage b. decay, deterioration, insect damage or vermin damage, all that are hidden from view, of a 1 connector or 2 structural member of a building unless the presence of such damage is known to an insured prior to collapse c. weight of contents, equipment, animals or people d. weight of ice, snow, sleet or rain which collects on a roof, porch or deck or e. use of defective material or methods in the construction includes remodeling or renovation of the building, if the collapse occurs during the course of the construction of the building. And this for their concurrent causation clause We do not insure for any loss to the property described in Coverage A which consists of, or is directly and immediately caused by, one or more of the perils listed in items a. through n. below, regardless of whether the loss occurs suddenly or gradually, involves isolated or widespread damage, arises from natural or external forces, or occurs as a result of any combination of these a. collapse, except as specifically provided in SECTION I - ADDITIONAL COVERAGES, Collapse ----------------------------- notice the word 'EXCEPT' we Dont Insure l. settling, cracking, shrinking, bulging, or expansion of pavements, patios, foundation, walls, floors, roofs or ceilings However, we do insure for any resulting loss from items a. through m. unless the resulting loss is itself a Loss Not Insured by this Section. My question is Should I focus more on the above or try the angle for OL Ordinance Laws as my contractor says that there are codes for new and repairing drywall. I do have 10 OL coverage.
 

quincy

Senior Member
Contract coverage issue

Last July I had a new roof on my residence, 4hrs later a 18x20ft section of ceiling inside completely collapsed. State Farm is my insurer. After being denied due to a 'bad method of construction, ceiling was nailed up not screwed' I was later approved for the collapse under a rusty nail Deterioration of a connector hidden from view. I had to point out to them with the help from my drywall contractor that the continuous ceiling had to be redone also, and after a small fight, that was covered also. SF seems to refuse to look at the roofer or do any type of subrogation. SF never got an engineer. I am also suing for basically bad faith because I felt and have documentation of every additive Ive had to get them to cover like the continuous ceiling and correcting their SQ footage calculations, and requesting and not getting my full policy for 8 months plus numerous other things. I am taking State Farm to small claims with a Jury Pro-SE to argue the remainder of the ceilings in the other rooms that my contractor tried to save but they were pulling away too much to be salvaged. USD 9600.00 State Farm contract does have the stipulation of collapse must be falling down to pieces and they do have the wording to ward off concurrent causation. But I found this in the contract Section 1 additional coverages Collapse Collapse. We insure only for direct physical loss to covered property involving the sudden, entire collapse of a building or any part of a building. ******************************************.... see word involving Collapse means actually fallen down or fallen into pieces. It does not include settling, cracking, shrinking, bulging, expansion, sagging or bowing. The collapse must be directly and immediately caused only by one or more of the following a. perils described in SECTION I LOSSES INSURED, COVERAGE B PERSONAL PROPERTY. These perils apply to covered building and personal property for loss insured by this Additional Coverage b. decay, deterioration, insect damage or vermin damage, all that are hidden from view, of a 1 connector or 2 structural member of a building unless the presence of such damage is known to an insured prior to collapse c. weight of contents, equipment, animals or people d. weight of ice, snow, sleet or rain which collects on a roof, porch or deck or e. use of defective material or methods in the construction includes remodeling or renovation of the building, if the collapse occurs during the course of the construction of the building. And this for their concurrent causation clause We do not insure for any loss to the property described in Coverage A which consists of, or is directly and immediately caused by, one or more of the perils listed in items a. through n. below, regardless of whether the loss occurs suddenly or gradually, involves isolated or widespread damage, arises from natural or external forces, or occurs as a result of any combination of these a. collapse, except as specifically provided in SECTION I - ADDITIONAL COVERAGES, Collapse ----------------------------- notice the word 'EXCEPT' we Dont Insure l. settling, cracking, shrinking, bulging, or expansion of pavements, patios, foundation, walls, floors, roofs or ceilings However, we do insure for any resulting loss from items a. through m. unless the resulting loss is itself a Loss Not Insured by this Section. My question is Should I focus more on the above or try the angle for OL Ordinance Laws as my contractor says that there are codes for new and repairing drywall. I do have 10 OL coverage.
We cannot analyze contracts on this forum. You will want to have your policy reviewed by a professional in your area so you can determine what best to focus on in your legal action against State Farm.

Good luck.
 

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