Indiana Insurance v. Liaskos

697 N.E.2d 398, 297 Ill. App. 3d 569, 231 Ill. Dec. 844
CourtAppellate Court of Illinois
DecidedJune 24, 1998
Docket1-97-2527
StatusPublished
Cited by20 cases

This text of 697 N.E.2d 398 (Indiana Insurance v. Liaskos) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Indiana Insurance v. Liaskos, 697 N.E.2d 398, 297 Ill. App. 3d 569, 231 Ill. Dec. 844 (Ill. Ct. App. 1998).

Opinion

JUSTICE GORDON

delivered the opinion of the court:

Indiana Insurance Company (Indiana), the plaintiff, brought a declaratory judgment action against its insured, Janet E Liaskos, the defendant, seeking a declaration that the loss sustained at Liaskos’s home was excluded from coverage under the water damage exclusion. Liaskos filed a four-count counterclaim in which she alleged, inter alia, that her loss was covered under the exception to the water damage exclusion that extended coverage to collapse of a building or part of a building even though caused by water. At the conclusion of a stipulated bench trial on Indiana’s declaratory judgment action, the court entered judgment in favor of Indiana, finding that there had been no collapse. The court also dismissed Liaskos’s counterclaims. Liaskos appeals, contending that a collapse can be deemed to occur where a building does not fall or lose its character. For the reasons discussed below, we affirm.

BACKGROUND FACTS

A. Insurance Policy Provisions

The homeowners policy issued by Indiana to Liaskos insured against physical loss to the dwelling or structure and damage to personal property in the dwelling. That policy contained two separate exclusion provisions that dealt with the damage encountered in the instant case. The first provision, captioned “Section 1, Perils Insured Against,” stated that the policy did not insure against loss:

“1. caused by:
b. *** pressure or weight to a foundation, retaining wall or bulkhead; ***
* * *
f. (1) wear and tear, marring, deterioration;
* * *
(6) settling, cracking, shrinking, bulging or expansion of pavements, patios, foundations, walls, floors, roofs or ceilings.”

The second provision, captioned “Section I, Exclusions,” set forth in the policy and various amendatory endorsements, provided in pertinent part as follows:

“SECTION I — EXCLUSIONS
We do not insure for loss caused directly or indirectly by any of the following. Such loss is excluded regardless of any other cause or event contributing concurrently or in any sequence to the loss.
* * *

3. Water Damage, meaning:

a. flood, surface water, waves, tidal water, overflow of a body of water, or spray from any of these, whether or not driven by wind;
c. water below the surface of the ground, including water which exerts pressure on or seeps or leaks through a building, sidewalk, driveway, foundation, swimming pool or other structure. If such water causes the collapse of a building or any part of a building, we cover loss caused by the collapse. Collapse does not including [sz'c] settling, cracking, shrinking, bulging or expansion.”

The policy also contained a homeowners protective endorsement, which covered physical loss caused by sewer backup subject to a limit of $1,000. That provision stated:

“Back-Up of Sewers or Drains. We cover direct physical loss caused by water:
a. which backs up through sewers or drains; or
b. which enters into and overflows from within a sump pump, sump pump well or other type of system designed to remove subsurface water which is drained from the foundation area.
This coverage does not apply if the loss is caused by your negligence.
We will pay up to $1,000 on that part of any loss that exceeds $250. No other deductible applies to this coverage.”
II. Facts

The facts show that at 3 a.m. on June 28, 1993, Liaskos awoke to a loud exploding noise. A slab in the basement floor of her home cracked and pushed up, allowing water to gush in, filling the basement almost to the floor joists. Cracks appeared on the first-floor interior walls and on the exterior masonry, and a crater formed in the ground on the outside of the home.

At the bench trial, the parties waived opening statements and stipulated to the admission as evidence of a videotape of the house taken on August 23, 1993, 72 photographs and two engineers’ reports, one from each party. 1 No testimony was presented. In the reports that were admitted, experts retained by Indiana and Liaskos agreed that pressure exerted by water below the surface of the ground caused Liaskos’s loss. They disagreed, however, as to whether the support structure of Liaskos’s home had moved. Indiana’s consulting engineer concluded that there had been a “hydrostatic upheaval.” He opined that “the structural foundation walls and footings were sound and did not move when the floor heaved up.”

Liaskos’s structural engineer opined that increased water pressure in the Calumet City sewer system overstressed the plumbing at the insured’s property, causing the slab in the basement floor to be “pushed up and cracked” due to water pressure from broken pipes. In addition, Liaskos’s expert stated that a crack was evident in the northwest corner foundation wall, that cracks existed in most door and passageways on the first-floor interior and in the exterior masonry adjacent to the front door. He opined:

“The extreme volume of water that resulted from the plumbing leak also caused some undermining of the footings supporting the columns that support the first floor. This has resulted in the cracks in the walls on the first floor.”

He also opined that the water caused some undermining of the exterior footings near a crater that appeared on the outside northeast corner of the house. He further opined that “cracking was likely to continue [on the first-floor interior walls] until the footings can accommodate the soil readjustment.”

After viewing the evidentiary submissions of the parties and listening to their argument, the trial court declared that Liaskos’s loss did not meet the collapse exception to the water damage exclusion in the homeowners insurance policy. In reaching this conclusion, the trial court found that the pictures submitted by the parties showed displacement of concrete on the basement floor and some cracking and settlement causing “structural damage surface-wise, at least, to the home.” The court also found that the basement was still cognizable, that Liaskos’s home had not lost its character and that there was no collapse within the ordinary meaning of the term “collapse” because there was no evidence of “something being up and then something going down.” It ruled that Indiana was not obligated to indemnify Liaskos beyond the $1,000 tendered by Indiana in accordance with the sewer backup provision of the policy.

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Bluebook (online)
697 N.E.2d 398, 297 Ill. App. 3d 569, 231 Ill. Dec. 844, Counsel Stack Legal Research, https://law.counselstack.com/opinion/indiana-insurance-v-liaskos-illappct-1998.