People's Insurance Counsel Division v. State Farm Fire & Casualty Insurance

76 A.3d 517, 214 Md. App. 438, 2013 WL 5356597, 2013 Md. App. LEXIS 135
CourtCourt of Special Appeals of Maryland
DecidedSeptember 26, 2013
DocketNo. 1353
StatusPublished
Cited by9 cases

This text of 76 A.3d 517 (People's Insurance Counsel Division v. State Farm Fire & Casualty Insurance) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People's Insurance Counsel Division v. State Farm Fire & Casualty Insurance, 76 A.3d 517, 214 Md. App. 438, 2013 WL 5356597, 2013 Md. App. LEXIS 135 (Md. Ct. App. 2013).

Opinion

EYLER, DEBORAH S., J.

During a blizzard in the winter of 2010, Moira and Gregory Taylor’s carport in West River, Anne Arundel County, collapsed under the weight of ice and snow. They filed a claim under their homeowners insurance policy (“the Policy”) with State Farm Fire and Casualty Insurance (“State Farm”), the appellee. State Farm denied the claim on the ground that the [441]*441carport was not a “building” and that the Policy only covered losses due to collapse of buildings.

The Taylors filed a complaint with the Maryland Insurance Administration (“the MIA”), alleging that State Farm had violated Md.Code (1995, 2011 Repl.Vol.) section 27-303 of the Insurance Article (“Ins.”), prohibiting unfair claim settlement practices, by “refusing] to pay [their] claim for an arbitrary or capricious reason based on all available information” or “failing] to act in good faith” in settling their claim. Id. at §§ 27-303(2) and (9), respectively. The People’s Insurance Counsel Division (“PICD”),1 the appellant, intervened on behalf of the Taylors. Following a hearing before the Associate Deputy Commissioner of the MIA, the Insurance Commissioner (“the Commissioner”) issued a final decision ruling that State Farm had not violated Ins. section 27-303. PICD filed a petition for judicial review of that decision in the Circuit Court for Baltimore City. The circuit court affirmed the final decision of the MIA.

PICD presents one question for review, which we have rephrased:

Was the MIA’s decision finding that State Farm did not violate the Insurance Article when it denied the Taylors’ claim legally correct and supported by substantial evidence in the record?

For the reasons to follow, we answer that question in the affirmative and shall affirm the judgment of the circuit court.

FACTS AND PROCEEDINGS

A. The Policy

We begin by setting forth the relevant Policy provisions. “SECTION I—COVERAGES” provides in pertinent part:

[442]*442COVERAGE A—DWELLING
1. Dwelling. We cover the dwelling used principally as a private residence on the residence premises shown in the Declarations.
Dwelling includes:
a. structures attached to the dwelling!.]
2. Dwelling Extension. We cover other structures on the residence premises, separated from the dwelling by clear space....

(Emphasis in original.)

“SECTION I—LOSSES INSURED” states that the Policy covers “accidental direct physical loss to the property described in Coverage A except as provided in SECTION I— LOSSES NOT INSURED.” (Emphasis added.) That section provides in relevant part:

1. 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 o. 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.

(Italicized and bolded emphasis added.)

“SECTION I—ADDITIONAL COVERAGES” includes twelve numbered subsections. Subsection 11 governs “Collapse,” providing, as relevant, “We insure only for direct physical loss to covered property involving the sudden, entire collapse of a building or any part of a building,” including collapse caused by “weight of ice, snow, sleet, or rain which collects on a roof.” (Emphasis added.) Subsection 11 specifically excludes from coverage losses to an “awning, fence, patio, pavement, swimming pool, underground pipe, flue, drain, cesspool, septic tank, foundation, retaining wall, bulkhead, pier, [443]*443wharf or dock” unless such a loss was directly caused by the “collapse of the building.”

The “DEFINITIONS” section of the Policy does not define “building” or “structure.”

B. The Taylors’ Claim

Ms. Taylor owns the West River house, which is located at 1025 Dunnington Place (“the Property”). She and her husband reside there. In 2007, the Taylors decided to erect a detached carport on the Property.2 After choosing the design for the carport, Ms. Taylor called Angela Yancey, her State Farm insurance agent, to ask whether a carport would be “covered” under the Policy. Ms. Yancey replied that it would be “covered.”

The 20-foot by 24-foot carport was constructed on an existing asphalt pad next to the house. It had a metal, pitched roof with gable ends. It did not have any walls. The roof was supported by ten metal poles, five on each side, secured to a steel track that, in turn, was secured to the asphalt pad. The carport was not attached to the Taylors’ house.

On February 10, 2010, a blizzard hit Maryland. The carport collapsed under the weight of more than a foot of snow and ice. It landed on the Taylors’ two cars, a snow blower, and a power washer.

The next day, the Taylors called Ms. Yancey to report the collapse of the carport, other damage to their house caused by the storm, and the damage to their vehicles and other personal property. Ms. Yancey forwarded the Taylors’ claim to the claims division of State Farm.3

[444]*444The Taylors asked Ms. Yancey whether they could arrange for the carport to be removed from the Property so they could gain access to their cars. Ms. Yancey advised them to take pictures of the damage before taking any steps to remove the carport. The Taylors did so and then had the carport removed. On February 24, 2010, Ms. Yancey issued a check to the Taylors for $1,250, to cover the cost of removing the carport. The check was issued from Ms. Yancey’s discretionary funds and did not include a reservation of rights.

Because of the widespread damage caused by the blizzard, State Farm’s Catastrophe Services Division in Alabama assembled a catastrophe team to adjust the claims. Field representatives dispatched to the affected areas were verbally instructed by their on-site team managers that under the standard policy language losses due to collapse only were covered for buildings and that a building is a structure with a roof and at least three walls.

On March 2, 2010, Jeanie Havens, a member of the catastrophe team, traveled to the Property to adjust the Taylors’ claim. The carport already had been removed, so Mr. Taylor showed Ms. Havens pictures of the collapsed carport. Ms. Havens took one picture with her. She informed Mr. Taylor that the loss to the carport and the personal property inside of it would not be covered because the carport was not a “building.” Mr. Taylor told Ms. Havens to get off the property.

In a letter dated that same day, Ms. Havens formally advised the Taylors that their claim had been denied. She explained that, based on her inspection and discussion with Mr.

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Bluebook (online)
76 A.3d 517, 214 Md. App. 438, 2013 WL 5356597, 2013 Md. App. LEXIS 135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peoples-insurance-counsel-division-v-state-farm-fire-casualty-insurance-mdctspecapp-2013.