All-Risks Coverage and Building Collapse

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Kings Ridge Community Association, Inc., v. Sagamore Insurance Company, 37 Fla. L. Weekly D1604b, Case No. 5D11-1061, filed on July 6, 2012. All-risks business owner’s policy insurer filed an action for declaratory judgment as to the coverage for a building “collapse” and trial court entered judgment denying coverage. Reversed and remanded based on the expert reports that the failure of the building roof trusses due, at least in part, to rainwater collected in the roof and the installation of heavier replacement AC units, and that the building was structurally unsafe for occupancy, even though the ceiling was only lowered 12 inches and the building was still standing. (from RPPTL Subcommittee).

Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
1211 N Franklin St
Tampa, FL 33602
(813) 579-3278

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