Johnson v. Allstate Insurance

845 F. Supp. 2d 1170, 2012 WL 72312, 2012 U.S. Dist. LEXIS 2855
CourtDistrict Court, W.D. Washington
DecidedJanuary 10, 2012
DocketCase No. 2:11-cv-00927RSM
StatusPublished

This text of 845 F. Supp. 2d 1170 (Johnson v. Allstate Insurance) is published on Counsel Stack Legal Research, covering District Court, W.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. Allstate Insurance, 845 F. Supp. 2d 1170, 2012 WL 72312, 2012 U.S. Dist. LEXIS 2855 (W.D. Wash. 2012).

Opinion

ORDER ON DISPOSITIVE MOTIONS

RICARDO S. MARTINEZ, District Judge.

This matter comes before the Court on Defendant’s motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), Dkt. # 8, and Plaintiffs Motion for Partial Summary Judgment pursuant to Federal Rule of Civil Procedure 56. Dkt. # 10. For the reasons set forth below, the Court DENIES Defendant’s Motion to Dismiss, and GRANTS IN PART AND DENIES IN PART Plaintiffs Motion for Summary Judgment.

I. BACKGROUND

This is an insurance coverage dispute. Plaintiffs Dane C. Johnson and Kathleen M. Justin (“Plaintiffs”) own a waterfront home on Puget Sound in the town of Burien (the “Property”). Plaintiffs purchased a “deluxe” homeowner’s insurance policy from Defendant Allstate Insurance Company covering the Property (the “Poli-cy”). Plaintiffs allege that a severe windstorm struck the Burien area on November 22 and 23, 2010, and that logs and other debris in the water struck their home’s foundation during the storm. Plaintiffs allege that, on November 23, they “felt the house suddenly fall in a downward direction and, upon inspection, [1172]*1172noted that the house had shifted or otherwise displaced in a downward direction.”

Plaintiffs retained a structural engineer to investigate the damage, and he determined that the house “displaced both horizontally and vertically, dropping several inches downward.” Dkt. # 11 (Say Deck, ¶ 8). Allstate hired its own structural engineer, who determined, among other things, that “[t]he entire structure, excepting the shed entry dormer on the southeast (hillside) face of the house was titled,” and that “[t]he house is out of plumb with the top of the house titling toward Puget Sound.” Dkt. # 13 (Johnson Deck, Ex. C (Evans Rpt., at 73-74)). Allstate’s structural engineer further concluded that the damage resulted from “water movement or debris in the water.” Id. at 74. Although Plaintiffs tendered a claim for these damages to Defendant under the Policy, Defendant denied Plaintiffs’ claim in its entirety, claiming that the damage at issue is not covered.

The Policy contains three general areas of coverage — Coverage A (“Dwelling Protection”), Coverage B (“Other Structures Protection”), and Coverage C (“Personal Property Protection”). Plaintiffs assert claims under Coverages A and B, both of which provide “all risk” insurance — meaning that coverage under those sections applies to any “sudden and accidental direct physical loss” that is not specifically excluded. Dkt. # 9 (Skok Deck, Ex. B (Policy, at 6)). Plaintiffs also assert a claim under a section of the Policy entitled “Additional Protection,” which provides coverage for, among other things, “collapse” of the Property. Id. at 13-16.

Defendant points to various exclusions in the Policy in support of its position that the damages in question are not covered. Losses caused by any of the following perils, for example, are expressly excluded under Coverages A and B:

“1. Flood, including surface water, waves, tidal water or overflow of any body of water, or spray from any of these, whether or not driven by wind.
4. Water or any other substance on or below the surface of the ground, regardless of its source. This includes water or any other substance which exerts pressure on, or flows, seeps or leaks through any part of the residence premises.
5. Earth movement, including earthquake, landslide, subsidence, mudflow, pressure, sinkhole, erosion, or the sinking, rising, shifting, creeping, expanding, bulging, cracking, setting, or contracting of the earth. This exclusion applies whether or not the earth movement is combined with water

22. Weather conditions which result in:

(a) landslide or mudflow;
(b) earth sinking, rising or shifting;
(c) flood, surface waters, waves, tidal water, or spray from any of these, whether or not driven by wind;
(d) water backing up from a sewer or drain or overflowing from a sump pump well; or
(e) 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.”

Id. at 6-9.

Coverages A and B also excludes coverage for “collapse,” “except as specifically provided in Section I — Additional Protection under item 11, ‘Collapse.’ ” Id. at 7. Under that provision, coverage for “collapse” applies only with respect to a “sud[1173]*1173den and accidental direct physical loss” caused by certain perils that are specifically enumerated in the Policy. Of those enumerated perils, only one category is relevant here — namely, “a loss we cover under Section I, Coverage C — Personal Property Protection.” Id., Ex. C (Endorsement, at 5).

Although Coverage C provides coverage for damages caused by “windstorm,” it excludes coverage for damages caused by “waves,” “[ejarth movement,” and “[wjeather conditions which result in .. waves,” “whether or not” those waves are “driven by wind.” Dkt. # 9 (Skok Deck, Ex. B (Policy, at 12-13)). Defendant asserts that the damages underlying Plaintiffs’ claim — including its claim of “collapse” — resulted from waves, earth movement, and/or weather conditions, and that those damages are therefore excluded under the Policy. Dkt. # 8.

Plaintiffs argue that “coverage does in fact exist for (a) damage caused from ‘water borne material,’ and (b) ‘collapse’ caused by ‘windstorm,’ ” Dkt. # 18 at 9, as neither of those perils are specifically excluded under the Policy, and “collapse” caused by “windstorm” is expressly covered.

On May 9, 2011, Plaintiffs initiated this action by filing a complaint in the King County Superior Court, asserting claims for declaratory relief, breach of contract, violation of Washington’s Insurance Fair Conduct Act, and violation of Washington’s Consumer Protection Act. Dkt. # 1. Defendant subsequently removed the action to this Court. Id. On August 11, 2011, the parties filed their respective Motions. Dkt. # 8,10.

II. ANALYSIS

Defendant argues that the Complaint should be dismissed in its entirety pursuant to Federal Rule of Civil Procedure 12(b)(6) because (1) Plaintiff fails to plead a cause of its alleged loss; and (2) the Policy expressly excludes coverage for the losses at issue. Plaintiffs respond that their losses are covered because “ ‘water born debris’ is a non-excluded peril, and because the Policy expressly covers ‘collapse’ from ‘windstorm.’ ” Dkt. # 18 at 2.

On these same grounds, Plaintiffs argue that they are entitled to summary judgment on their claim for declaratory relief, in which they seek a judicial determination that (a) the Policy does not exclude damage cause by debris or water-born material, (b) the Policy covers “collapse” caused by windstorm, and (c) the damage at their house constitutes a “collapse” under the terms of the Policy. Dkt. # 10 at 2.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Conley v. Gibson
355 U.S. 41 (Supreme Court, 1957)
Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (Supreme Court, 1986)
O'Melveny & Myers v. Federal Deposit Insurance
512 U.S. 79 (Supreme Court, 1994)
Bell Atlantic Corp. v. Twombly
550 U.S. 544 (Supreme Court, 2007)
McDonald v. State Farm Fire & Casualty Co.
837 P.2d 1000 (Washington Supreme Court, 1992)
Rodriguez v. Williams
729 P.2d 627 (Washington Supreme Court, 1986)
Lynott v. National Union Fire Insurance
871 P.2d 146 (Washington Supreme Court, 1994)
Kish v. Insurance Co. of North America
883 P.2d 308 (Washington Supreme Court, 1994)
Allstate Ins. Co. v. Peasley
932 P.2d 1244 (Washington Supreme Court, 1997)
Allstate Insurance v. Peasley
131 Wash. 2d 420 (Washington Supreme Court, 1997)
Gilligan v. Jamco Development Corp.
108 F.3d 246 (Ninth Circuit, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
845 F. Supp. 2d 1170, 2012 WL 72312, 2012 U.S. Dist. LEXIS 2855, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-allstate-insurance-wawd-2012.