Co-Ops—Insurance—Scope of a Property Insurance Policy’s “Blanket Ordinance or Law Coverage Endorsement”—”Where it is Fortuitously Discovered in the Course of Performing Remediation of Covered Property Damage, That Structural Repairs or Modifications Are Needed in Order to Bring the Building Into Compliance With Applicable Codes, the ‘Ordinance or Law’ Endorsement Is Not Brought Into Play”
A plaintiff cooperative corporation (co-op) appealed from a trial court judgment that declared that a defendant insurance company (defendant) was not obligated to reimburse the co-op for “the cost of repairing certain concrete floor slabs….” The salient issue on appeal was “what is and is not covered by a property insurance policy’s ‘Blanket Ordinance or Law Coverage Endorsement’ [endorsement].” Citing the endorsement, the co-op requested that the defendant “pay for the cost of certain structural repairs that [were] necessary to bring the building into compliance with the Building Code [Code], because the need for those repairs was uncovered in the course of performing water damage remediation covered by the policy.” The court held that under the subject circumstances, “where it is fortuitously discovered in the course of performing remediation of covered property damage, that structural repairs or modifications are needed in order to bring the building into compliance with applicable codes, the ‘Ordinance or Law’ endorsement is not brought into play.”
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