Mary Ann's 70-year-old home was insured with Allstate Insurance Co.'s "all-risk" homeowner's policy. After a window fell out of her home, Mary Ann hired a licensed pest-control inspector to determine the cause of the unexpected accident.

The inspector determined that the weakened window and weak floorboards in the living room, which were giving way, were caused by a fungus. Mary Ann then filed a claim with Allstate for repair of the damaged areas. Allstate denied the claim under the policy exclusion for any loss due to " . . . rust or other corrosion, mold, wet or dry rot."

Mary Ann sued her insurer. She argued that insured coverage exists under a conflicting additional coverage policy provision for collapse caused by "hidden decay." She emphasized that Allstate wrote the insurance policy so, in the event of conflict between its two clauses, the coverage provision should prevail.

If you were the judge, would you order Allstate to pay Mary Ann's claim under her homeowner's all-risk insurance policy?

The judge said yes.

When there is ambiguity in an insurance policy, because the insurer wrote the policy, the conflict should be resolved against the insurer and in favor of the insured, the judge said.

Based on the 2004 California Court of Appeal decision in Jordan v. Allstate Insurance Co., 11 Cal.Rptr.3d 169.

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