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Council Tower Assn. v. Axis Specialty Ins. Co., No. 09-3900

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By FindLaw Staff on January 10, 2011 4:28 PM

Action Concerning Insurance Coverage

In Council Tower Assn. v. Axis Specialty Ins. Co., No. 09-3900, an action against an insurer, asserting insurance coverage and related claims for losses incurred when a portion of the brick veneer covering the east wall of plaintiff's apartment building fell to the ground, the court affirmed summary judgment for defendant where the falling of less than one-third of plaintiff's decorative brick veneer was not a collapse of a part of the building within the meaning of the Additional Coverage for Collapse provision of the policy.

As the court wrote:  "Council Tower Association ("Council Tower") commenced this action in Missouri state court against Axis Specialty Insurance Company ("Axis"), a Connecticut insurer, and Jim Vavak, an independent claims adjuster and Missouri resident. Council Tower asserts insurance coverage and related claims for losses incurred when a portion of the brick veneer covering the east wall of Council Tower's apartment building in St. Louis fell to the ground."

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