Just a quick note about this decision from Judge Martinez out of the Western District of Washington. Unfortunate facts where a Seattle storm several years ago caused several floating logs to bombard the foundation of a waterfront home, causing it to collapse. Or not technically “collapse,” depending upon how you read the insurance policy. In any event, Allstate denied coverage, saying that its “weather conditions” exclusion operated to exclude coverage. Judge Martinez denied Allstate’s 12(b)(6) motion and granted the Johnsons’ partial summary judgment on that point, but denied the Johnsons’ motion for partial summary judgment on the question of whether their house had “collapsed” so as to entitle the Johnsons to coverage. You can read the decision here.
