I have a question that I am hoping that you can answer.

The supports of the kitchen cabinets in a home were water damaged from a loss that occurred before a person had purchased a home.

Later, after they had purchased the home, the homeowner had climbed onto the countertop to put things away at the top of the upper cabinetry and the water-damaged particleboard supports of the cabinets gave way by about an inch due to their deteriorated condition. Do you feel that there would be any coverage for this under an HO 00 03 10 00?

If so, would it be the peril of collapse or just a loss not excluded under an all-risk policy?

I have attached a picture of the supports of some water-damaged cabinetry.

I have also attached a copy of an HO 00 03 10 00.

Hawaii Subscriber

First, did the insured buy the property knowing there was existing water damage? That would definitely not be covered. The policy considers collapse to be an abrupt falling down or caving in of a building or part of a building, making that part of the building such that it can't be occupied. That is not what happened here. The policy clearly states that any part of a building that is standing has not collapsed even if it is bulging, sagging, bending, leaning, etc.

Collapse has to be looked at as if the property fell into a heap of rubble; that's why it says abrupt falling down, and states that a collapse is not bulging, sagging, bending. If something is still standing, it has not fallen into a pile of rubble and therefore has not collapsed. Giving way an inch is not a collapse, and would not be covered.

Part 2:

Aside from labeling it as a collapse, could the cabinet that was crushed be just a "loss not excluded" much in the same way that a shingle on a roof could accidentally be broken when stepped on?

But there was preexisting damage; wear and tear, deterioration, are all excluded. The weight of the insured on the counter exacerbated an already deteriorated condition. No insurer is going to provide coverage when an insured buys damaged property and then files a claim, that's adverse selection.