Rosen v. State Farm Gen. Ins. Co.

120 Cal. Rptr. 2d 373, 98 Cal. App. 4th 1322
CourtCalifornia Court of Appeal
DecidedAugust 28, 2002
DocketB146516
StatusPublished
Cited by1 cases

This text of 120 Cal. Rptr. 2d 373 (Rosen v. State Farm Gen. Ins. Co.) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rosen v. State Farm Gen. Ins. Co., 120 Cal. Rptr. 2d 373, 98 Cal. App. 4th 1322 (Cal. Ct. App. 2002).

Opinion

120 Cal.Rptr.2d 373 (2002)
98 Cal.App.4th 1322

George ROSEN, Plaintiff and Respondent,
v.
STATE FARM GENERAL INSURANCE COMPANY, Defendant and Appellant.

No. B146516.

Court of Appeal, Second District, Division One.

June 3, 2002.
Review Granted August 28, 2002.

*374 Robie & Matthai, Michael J. O'Neill, Pamela E. Dunn, Los Angeles, and Daniel J. Koes for Defendant and Appellant.

Verboon, Milstein & Peter, and Wayne S. Kreger for Plaintiff and Respondent.

SPENCER, P.J.

In this case of first impression, we are called upon to decide whether a homeowner's policy that expressly defines the term "collapse" as "actually fallen down or fallen into pieces" provides coverage for imminent collapse. We conclude that it does and affirm the judgment entered in favor of the homeowner.

STATEMENT OF FACTS[1]

Plaintiff George Rosen (Rosen) submitted a claim to his homeowner's insurance carrier, defendant State Farm General Insurance Company (State Farm), for the cost to repair two decks attached to his home in Palos Verdes Estates. Rosen decided to remove and repair the decks upon the recommendation of a contractor who discovered severe deterioration of the framing members supporting the decks. Rosen believed his decks were in a state of imminent collapse, entitling him to policy benefits.[2]

The "Losses Not Insured" section of Rosen's homeowner's policy expressly provided that State Farm did not insure for any loss to the dwelling caused by "collapse, except as specifically provided in SECTION I—ADDITIONAL COVERAGES, Collapse." The "Additional Coverages" section provided that "[t]he following Additional Coverages are subject to all the *375 terms, provisions, exclusions and conditions of this policy." Paragraph 11 pertained to "Collapse." It provided: "We insure only for direct physical loss to covered property involving the sudden, entire collapse of a building or any part of a building. [¶] Collapse means actually fallen down or fallen into pieces. It does not include settling, cracking, shrinking, bulging, expansion, sagging or bowing." (Italics added.) Further, the collapse had to be attributable to one or more specifically enumerated perils or factors.[3]

State Farm ultimately denied Rosen's claim on two grounds, that the identified causes of loss were excluded from coverage as there had been no collapse of his decks within the meaning of the policy, and that by substantially repairing his decks prior to submitting his claim, Rosen prejudiced State Farm by depriving it of an opportunity to inspect the damage adequately.

PROCEDURAL BACKGROUND

On August 13,1999, after rejecting State Farm's offer to arbitrate, Rosen filed an action against State Farm, alleging causes of action for breach of contract and breach of the covenant of good faith and fair dealing. Rosen alleged that his decks were in a state of imminent collapse and that State Farm improperly denied his claim for the cost to repair his decks. In its answer filed on October 1, 1999, State Farm asserted as one of its affirmative defenses that Rosen's homeowner's policy did not provide coverage for his loss.

On May 8, 2000, State Farm filed a motion for summary judgment.[4] It argued that Rosen did not suffer a compensable loss because the decks actually did not collapse. Rosen opposed the motion, arguing there was a material factual issue as to whether his decks were in a state of imminent collapse. In addition, in reliance on Doheny West Homeowners' Assn. v. American Guarantee & Liability Ins. Co. (1997) 60 Cal.App.4th 400, 70 Cal.Rptr.2d 260 (Doheny ), Rosen maintained that public policy mandated that the collapse provision be construed to provide coverage for imminent collapse. The trial court denied State Farm's motion for summary judgment, concluding there were triable issues of material fact.

Prior to a bench trial, the parties agreed to try the case on a very narrow issue— whether State Farm owed Rosen policy benefits due to the imminent collapse of his decks. The parties further stipulated that Rosen's contractor, Darrell Ewell, would be the only witness to testify and that contract damages for the repair of plaintiffs decks totaled $87,000.

*376 Following the trial, the court asked Rosen to submit a proposed order. Rosen submitted a proposed statement of decision to which State Farm objected on the ground, among others, that Rosen had mischaracterized the Doheny decision. After consideration of all of State Farm's objections, the trial court adopted Rosen's statement of decision. The court stated therein: "This is a case of first impression in the State of California: whether the public policy of this state requires a homeowner[`]s insurance policy to cover the imminent collapse of a deck or part of a deck when the policy defines collapse as actually fallen down and fallen into pieces. The court finds that such coverage is mandated and that coverage attaches, and accordingly finds for plaintiff."

The court further held that "Doheny West specifically applies to this case" and that "[t]he public policy of the State of California is therefore that policyholders are entitled to coverage for collapse as long as the collapse is imminent, irrespective of policy language." (Original italics.) The court refused to fashion a limitation that "encourage[d] property owners to place lives in danger in order to allow insurance carriers to delay payment of claims until the structure actually collapses." The court further observed that "[t]he narrow coverage provided by defendant's insurance policy should have no bearing on the broad coverage provided by the public policy of the State of California." Accordingly, the court entered judgment in favor of Rosen and against State Farm in the amount of $87,000 together with interest and costs. This appeal by State Farm followed.

ISSUE ON APPEAL

State Farm does not challenge the trial court's factual determination that Rosen's two decks were in a state of imminent collapse. State Farm challenges only the trial court's legal determination that the collapse provision in Rosen's homeowner's policy provided coverage for imminent collapse of his decks. For the reasons that follow, we conclude the trial court reached the correct result.

DISCUSSION

State Farm's Collapse Provision Provided Coverage Only for Actual Collapse.

The interpretation of an insurance policy and the scope of coverage involve questions of law. (Waller v. Truck Ins. Exchange, Inc. (1995) 11 Cal.4th 1, 18, 44 Cal.Rptr.2d 370, 900 P.2d 619; Barnett v. Fireman's Fund Ins. Co. (2001) 90 Cal. App.4th 500, 508, 108 Cal.Rptr.2d 657.) Coverage clauses and exceptions to exclusions must be construed broadly to provide the insured with the greatest possible protection. (Vargas v. Athena Assurance Co. (2001) 95 Cal.App.4th 461, 465, 115 Cal. Rptr.2d 426; Meraz v. Farmers Ins. Exchange (2001) 92 Cal.App.4th 321, 324, 111 Cal.Rptr.2d 804.) In order to determine if coverage exists, we look first to the language of the policy. (Civ.Code, § 1638; Waller, supra, at p. 18, 44 Cal.Rptr.2d 370, 900 P.2d 619; American Star Ins. Co. v. Insurance Co. of the West (1991) 232 Cal. App.3d 1320, 1325, 284 Cal.Rptr. 45.)

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Cite This Page — Counsel Stack

Bluebook (online)
120 Cal. Rptr. 2d 373, 98 Cal. App. 4th 1322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosen-v-state-farm-gen-ins-co-calctapp-2002.