Opinion
72244-1-I
08-10-2015
BAYVIEW HEIGHTS OWNERS ASSOCIATION, a Washington nonprofit corporation, Appellant/Cross-Respondent, v. PHILADELPHIA INDEMNITY INSURANCE COMPANY, a foreign corporation; Respondent, THE TRAVELERS INDEMNITY COMPANY, a foreign corporation, Respondent/Cross-Appellant.
UNPUBLISHED OPINION
Lau, J.
This appeal involves a dispute over the meaning of the term "collapse" in the insurance contract. In Queen Anne Park Homeowners Ass'n v. State Farm Fire and Casualty Company, No. 90651-3, 2015 WL 3795796, at *1 (Wash. June 18, 2015), our Supreme Court held "that in the insurance contract, 'collapse' means 'substantial impairment of structural integrity.' 'Substantial impairment of structural integrity' means substantial impairment of the structural integrity of a building or part of a building that renders such building or part of a building unfit for its function or unsafe and, under the clear language of the insurance policy here, must be more than mere settling, cracking, shrinkage, bulging, or expansion.'" The relevant insurance contract provisions here are nearly identical to the provisions at issue in Queen Anne Park Homeowners Ass'n. Because this case controls, the appeal in this case is moot. We remand to the trial court for further proceedings.