Fungus Fatally Jeopardizes Structure, Insurer Must Cover 'Collapse,' Court Says

WILMINGTON, Del. - A Delaware Superior Court has ruled that the collapse provision of an insurance policy can be invoked where the insured structure is in imminent danger of failure as a result of fungal infestation, but does not actually fall down. Olde Colonial Village Condominium Council v. Millers Mutual Insurance Company, No. 99C-06-187-FSS (Del. Super. Ct., New Castle Cty.).

The New Castle County Superior Court found that, in spite of undersized and overstressed structural support, the condominium would have stood, if not for the presence of 'fungus that jeopardized the structure fatally.'

The outcome of the case in favor …