Baalmann
Baalmann v. Firemen's Ins. Co.
Opinion
Opinion
A policy of insurance as originally issued by the defendant insurer covered the composition roof frame building and additions in contact therewith owned by the plaintiffs. The perils insured against at the time were only fire and lightning. The insureds, the plaintiffs herein, subsequently inquired of the insurer's representative if the coverage on their property could be improved. He replied that it could and showed them defendants' so-called "Broad Form" endorsement, which would increase the perils insured against to include, inter alia, "falling objects, including costs of removal from the premises; and land slide." In paragraph 10 of the endorsement it is expressly provided that the insurer shall not be liable "(8) ...: For Loss to Outdoor Equipment, Fences, Retaining Walls Not Constituting a Part of a Building Covered, Driveways, Walks, Lawns, Trees, Shrubs and Plants, Except as the Direct Result of the Collapse of a Building." (Emphasis added.) Thus, there is no coverage for retaining walls not constituting a part of a building covered even though damaged by landslide, a peril insured against.