When a century-old wall gives way, is that a covered collapse or a non-fortuitous, long-expected loss?

In LDG Rentals, LLC v. Western World Ins. Co., No. 23-cv-01216-TC (D. Kan. June 18 2025), a 125-year-old brick building in Coffeyville partially collapsed. The policy pays for an “abrupt collapse” caused by “building decay that is hidden from view, unless the presence of such decay is known to an insured prior to collapse.”

Western World asked for summary judgment, claiming:
• The structure was already damaged before the policy incepted, so it wasn’t “Covered Property”
• Any decay was visible, making the loss non-fortuitous and therefore uncovered under Kansas law Judge Toby Crouse denied the motion. Pre-collapse inspections by the buyers, their insurance agent, and an under-writing survey all reported no visible decay. That record created genuine disputes about (1) whether the building was damaged before the policy and (2) whether the collapse was truly a hidden-decay, fortuitous event. Those questions go to a jury.

Takeaway: In old-structure cases, coverage often turns on visibility and knowledge of decay. If “hidden” vs. “known” is
debatable, a fortuity defense won’t win on summary judgment.