Facts

In a decision hailed by a homeownerÆs attorney as the first of its kind, a court required an insurance company to
pay for the cost of replacing exterior decks on the verge of collapse even though the policy conditioned
coverage on the structure actually collapsing.
During an inspection for the source of water leaks, a general contractor hired by the plaintiff discovered severe
deterioration of large portions of the exterior decks, which could have collapsed unless immediately replaced.
The insurance company rejected a claim for the replacement cost because its policy defined "collapse" as
"actually fallen down and fallen into pieces."
The homeowner argued that the restrictive definition of collapse was unconscionable and contrary to public
policy because homeowners would have to wait until a seriously damaged structure falls down before making
repairs.
The court ruled that policyholders are entitled to coverage as long as the collapse is imminent, regardless of
policy language.