Rosen

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.

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 terms, provisions, exclusions…