Roeder Smith Jadin, PLLC

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RSJ Secures Insurance Coverage for Another Collapse

RSJ has obtained another favorable insurance coverage decision for a "Collapsed" building.

On the heels of RSJ founding member Alexander M. Jadin's summary judgment motion in U.S. District Court for the District of Minnesota that secured insurance coverage for our client's damaged student housing apartment in St. Paul, Minnesota, RSJ founding member E. Curtis Roeder obtained summary judgment from the St. Louis County District Court that secured insurance coverage for our client's damaged triplex in Duluth, Minnesota.

In both cases, RSJ was able to obtain insurance coverage for a partially collapsed building resulting from the weight of ponding rain water on the roof above a blocked drain.

Ken Johnson Properties, LLC v. Harleysville Worcester Insurance Company, Civil No. 12-1582 (JRT/FLN).

The U.S. District Court's 40-page Order addressed multiple arguments related to coverage for water damage and collapse to the client's building, as well as legal issues related to the construction and interpretation of the client's insurance policy. Among other things, the U.S. District Court found that that portions of the insurance policy issued to the client were ambiguous and therefore had to be construed in favor of providing insurance coverage for the client.

Candy Barbo and Edward Barbo v. American Family Mutual Insurance Company, Court File No. 69-DU-CV-12-3630.

The St. Louis County District Court Order addressed the insurance policy Water-Backup exclusion and determined it did not apply to the loss. The Court cited the Ken Johnson Order in determining the insurance policy was ambiguous and provided coverage for the client's damages.

Download the Orders. Ken Johnson / Barbo

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