Queen Anne Park Homeowners Ass'n v. State Farm Fire & Casualty Co.

ORDER CERTIFYING A QUESTION TO THE WASHINGTON SUPREME COURT

ORDER

This is an insurance coverage case filed in federal court pursuant to our diversity jurisdiction. The policy at issue provides coverage in certain circumstances for the “collapse” of a building, but it does not define “collapse.” The most recent relevant Washington Supreme Court case, Sprague v. Safeco Insurance Co. of America, 174 Wash.2d 524 , 276 P.3d 1270 (2012), suggests that what constitutes “collapse” when the term is otherwise undefined in the insurance policy at issue is an open question under Washington law. The parties filed cross motions to certify that question to the Washington Supreme Court to resolve the issue. We granted the motions. We respectfully request that the Washington Supreme Court accept and decide the certified question below.

I

The Queen Anne Park is a two-building condominium in Seattle, Washington. State Farm Fire and Casualty Co. (“State Farm”) insured the property under a “Condominium/Association Policy” (the “Policy”). - The Policy was in effect from October 18, 1992 to October 18, 1998. In general, the Policy covered “accidental direct physical loss” to covered property, unless…