When a tenant moved out Montague's property manager noticed that the wooden terrace attached to the unit was sagging and separating from the building so a property claim was sent to New Hampshire Insurance Company.
New Hampshire denied the claim because, in their opinion, it was due to wear and tear, rust, corrosion and wet and dry rot excluded causes of loss. Montague argued that the loss was due to hidden support beam failure and therefore was covered.
Click here to see which cause of loss argument prevailed.