Purported Collapse Not a Covered Event

 

In Rapp B. Properties, LLC v. RLI Ins. Co., 2009 WL 2927484 (N.Y.A.D. 1 Dept.), an insured building owner sought indemnification under the insurers' policies for damage to its building's south wall as a result of collapse, an allegedly covered peril. The complaint cited damage consisting of “severe cracking, bulging, splaying and displacement of the exterior brick facade.” The insurers denied coverage, asserting the damage was “due to wear & tear and gradual deterioration not collapse.”