Schmieder v. State Farm Fire & Cas. Co.

339 So. 2d 390
CourtLouisiana Court of Appeal
DecidedFebruary 1, 1977
Docket10841
StatusPublished
Cited by20 cases

This text of 339 So. 2d 390 (Schmieder v. State Farm Fire & Cas. Co.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Schmieder v. State Farm Fire & Cas. Co., 339 So. 2d 390 (La. Ct. App. 1977).

Opinion

339 So.2d 390 (1976)

Don H. SCHMIEDER and 12055 Airline Corporation
v.
STATE FARM FIRE AND CASUALTY COMPANY.

No. 10841.

Court of Appeal of Louisiana, First Circuit.

September 20, 1976.
Rehearing Denied November 15, 1976.
Writ Refused February 1, 1977.

David W. Robinson, Baton Rouge, of counsel, for 12055 Airline Corp.

Charles W. Roberts, Baton Rouge, of counsel, for Don H. Schmieder.

Horace C. Lane, Baton Rouge, of counsel, for State Farm Fire and Cas. Co.

Before LANDRY, COVINGTON and PONDER, JJ.

LANDRY, Judge.

Don H. Schmieder d/b/a 12055 Airline Corporation (Appellant) appeals from judgment dismissing Appellant's claim against *391 defendant State Farm Fire and Casualty Company (Insurer) for payment allegedly due Appellant pursuant to a builder's risk policy issued by Insurer on a building under construction by Appellant. The precise question presented is whether a builder's risk policy which insures against loss by "explosion" covers the collapse of a building due to structural defects. The trial court answered the query adversely to Appellant. We affirm.

On the afternoon of September 30, 1974, Appellant was engaged in the construction of a building located on the east side of Airline Highway and bearing municipal number 12055 Airline Highway, Baton Route, Louisiana. The structure was made of concrete walls. The front or western portion of the structure consisted of two stories; the rear or eastern part was one story high. On the date in question the building was almost complete; workmen were laying carpet in the structure, landscaping the grounds, and completing installation and testing of the air conditioning system. Occupancy of the structure was anticipated within approximately one week. The building's roof was made of concrete slabs. The intermediate floor of the two story portion (ceiling of first story and floor of second story) was also constructed of pre-fabricated concrete slabs. The main entrance to the building was situated on the north side near the northwest corner of the structure. Near the entrance was a stair well beneath a stairway leading to the second floor. It is conceded that located in the stair well was a collection of paint, varnish, carpet glue and other similar products used in the building by the various crafts involved in its construction. There is also some evidence that one or more cans of gasoline were stored in this area. Near the stair well was situated a room measuring approximately ten by ten feet, on the north wall of which was installed the control panel for the building's electrical system.

At approximately 2:30 P.M. on the day in question, the building suddenly and unexpectedly collapsed with a loud noise. The west wall fell outward (westerly) almost in one piece, crushing several vehicles parked adjacent thereto. Glass from the windows was found beneath the fallen west wall and for some little distance beyond. While the wall at the southeast corner of the building also fell outward, the north wall remained standing. Upon the arrival of building inspector within approximately 15 minutes of the disaster, the standing north wall was ordered demolished to assist in the rescue of workmen believed trapped in the debris. The roof and rear wall of the two story section fell onto the intermediate floor which in turn collapsed under the weight. The roof of the rear portion also fell inside the structure. The rear or east wall of the one story section remained standing.

The original plans called for the intermediate floor to be supported by steel columns and framing. During construction the plans were changed to concrete columns and precast concrete slabs for the intermediate floor. This alteration caused concern regarding the ability of the walls to support the additional weight involved. As a precautionary measure, supporting brackets were installed in the west wall to support the roof and intermediate floor of the two story area. Following the collapse, the supporting brackets were found intact in place. The protruding ends of the reinforcement rods in the intermediate floor slabs were found to have been drawn out in the nature of pencil points. There is considerable dispute concerning whether the concrete roof slabs over the two story area contained reinforcement rods which extended to the ends of these slabs which overlapped and rested upon the west wall for support. The record overwhelmingly establishes that although there was much combustible material in the building such as paper, carpeting and cartons, none of such material showed any evidence of burning, charring or exposure to or damage from heat or fire following the collapse of the building.

The sudden collapse of the structure killed two or three workmen and injured several more. For all practical purposes the building was a total loss.

*392 The extended coverage provisions of the policy in question insures Appellant "against direct loss by windstorm, hail, explosion, riot, riot attending a strike, civil commotion, aircraft, vehicles and smoke, except as hereinafter provided." The policy does not purport to define the term explosion as contained in the insuring clause. The policy does, however, expressly exclude the following from explosion coverage:

"This Company shall not be liable for loss by explosion of steam boilers, steam pipes, steam turbines or steam engines if owned by, leased by or operated under the control of the insured.
"The following are not explosions within the intent or meaning of these provisions:
(a) Shock waves caused by aircraft, generally known as `sonic boom'.
(b) Electric arcing.
(c) Rupture or bursting of rotating or moving parts of machinery caused by centrifugal force or mechanical breakdown.
(d) Water hammer.
(e) Rupture or bursting of water pipes.
(f) Rupture or bursting due to expansion or swelling of the contents of any building, caused by or resulting from water.
(g) Rupture, bursting or operation of pressure relief devices."

Resolution of this matter hinges upon the determination of two basic issues: (1) the meaning of the term `explosion' as used in the policy and (2) whether Appellant has established that the building collapsed as the result of an explosion as intended by the policy provision insuring against explosion.

So far as we are aware, the only case in our own jurisprudence to consider directly the definition of "explosion" as used in an insurance policy, is Levert-St. John, Inc. v. Birmingham Fire and Casualty Company, La.App., 137 So.2d 494. In the cited case it was held that where such a term is not defined in the policy, it must be interpreted in its ordinary sense as used and understood by laymen rather than by technicians and scientists. This holding is in accord with our codal rule of interpretation of agreements expressed in La.Civ.Code Art. 14, which provides that words of an agreement should be given their general and popular interpretation and not that which is strained and unusual. This rule of interpretation applies to insurance contracts and policies. Taylor v. State Farm Mutual Automobile Insurance Company, 248 La. 246, 178 So.2d 238.

A contract of insurance, like any other agreement, is the law between the parties. La.Civ.Code Art. 1901; Sumrall v. Aetna Casualty and Surety Company, La. App., 124 So.2d 168.

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339 So. 2d 390, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schmieder-v-state-farm-fire-cas-co-lactapp-1977.