STORY FROM: Superstorm Sandy Insurance Litigation

Dock is not ‘Building’ for Purposes of Windstorm Damage Coverage, Wash. Judge Rules

TACOMA, Wash. — A homeowners’ insurer is obligated to only pay the actual cost value (ACV) of a dock that was destroyed during a windstorm because the dock is not a “building” for purposes of the insurance policy, a Washington state magistrate judge has ruled.

On Nov. 30, Magistrate Judge Karen L. Strombom of the U.S. District Court for the Western District of Washington concluded that the dock is not a “building” as defined by Webster’s dictionary because it is not enclosed by walls and a roof. As such, the policyholder is not entitled to replacement cost value, the judge ...

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