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In Rapp B. Properties, LLC v. RLI Ins. Co., 2009 WL 2927484 (N.Y.A.D. 1 Dept.), an insured building owner sought indemnification under the insurers’ policies for damage to its building’s south wall as a result of collapse, an allegedly covered peril. The complaint cited damage consisting of “severe cracking, bulging, splaying and displacement of the exterior brick facade.” The insurers denied coverage, asserting the damage was “due to wear & tear and gradual deterioration not collapse.”

The lower court denied the parties’ respective motions for summary judgment and the parties appealed. The Supreme Court of New York, Appellate Division, determined that regardless of the cause or causes of the damage, it was error for the court to deny the insurers’ motion, because there was no collapse within the meaning of the policies.

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