Liston-Smith v. Csaa Fire & Cas. Ins. Co.

287 F. Supp. 3d 153
CourtDistrict Court, D. Connecticut
DecidedDecember 15, 2017
DocketCIVIL ACTION NO. 3:16–CV–510 (JCH)
StatusPublished
Cited by15 cases

This text of 287 F. Supp. 3d 153 (Liston-Smith v. Csaa Fire & Cas. Ins. Co.) is published on Counsel Stack Legal Research, covering District Court, D. Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Liston-Smith v. Csaa Fire & Cas. Ins. Co., 287 F. Supp. 3d 153 (D. Conn. 2017).

Opinion

Janet C. Hall, United States District Judge

I. INTRODUCTION

The plaintiffs, Lynne Liston-Smith and John Smith (collectively "the plaintiffs"), bring this action against their homeowner's insurance provider, CSAA Fire & Casualty Insurance Company ("CSAA"), for CSAA's failure to pay for damage to their basement walls. The Complaint (Doc. No. 1-1) alleges breach of contract (Count One), breach of the implied covenant of good faith and fair dealing (Count Two), and violations of the Connecticut Unfair Insurance Practices Act ("CUIPA") and the Connecticut Unfair Trade Practices Act ("CUTPA"). On October 25, 2016, the court dismissed Count Two. See Ruling re Mot. to Dismiss (Doc. No. 19).

CSAA has moved for summary judgment (Doc No. 30) as to the two remaining counts. For the reasons that follow, CSAA's Motion for Summary Judgment is granted.

II. FACTUAL BACKGROUND1

The plaintiffs have lived at their home in Tolland, Connecticut since 1996. Local Rule 56(a)1 Statement ("L.R. 56(a)1 Stat.") (Doc. No. 32) at ¶¶ 2, 12. Plaintiffs' home is insured by CSAA. Id. at ¶ 3. Around late summer or fall of 2014, John Smith ("Smith") noticed cracks in his basement wall and alerted his wife, Lynne Liston-Smith ("Liston-Smith"). John Smith Depo. (Oct. 14, 2016), Ex. C to L.R. 56(a)1 Stat. (Doc. No. 32-3) at 7. In August of 2015, the plaintiffs hired an engineer, William Neal, to inspect the cracks in the foundation of their home. Lynne Liston-Smith Depo. (Oct. 14, 2016), Ex. D to L.R. 56(a)1 Stat. (Doc. No. 32-4) at 10. Neal determined that a defect in the concrete, which he later determined to be a chemical reaction, was causing cracks in the walls that would continue to grow until the structure became unstable. William Neal Depo. (Dec. 1, 2016), Ex. E (Doc. No. 32-5) at 12-13.2 Neal recommended that the concrete foundation be replaced. Id. at 14.

On September 2, 2015, the plaintiffs made a claim to CSAA for damages the chemical reaction had caused to their foundation. L.R. 56(a)1 Stat. at ¶ 13. In a letter dated October 12, 2015, CSAA denied *157plaintiffs coverage under their home insurance policy ("the Policy"). Id. at ¶ 16.

"Coverage A-Dwelling" in the Policy applies to plaintiffs' home. CSAA Pol'y, Ex. B to L.R. 56(a)1 Stat. (Doc. No. 32-2) at 6. In "Section I-Perils Insured Against," the Policy states, in pertinent part:

We insure against risk of direct physical loss to property described in Coverages A, B and C.

We do not insure, however, for loss:

A. Under Coverages A, B and C:
1. Excluded under Section I-Exclusions;
2. Caused by: ...
e. Any of the following:
1. Wear and tear, marring, deterioration;
2. Mechanical breakdown, latent defect, inherent vice, or any quality in property that causes it to damage or destroy itself; ...
6. Settling, shrinking, bulging or expansion, including resultant cracking, of bulkheads, pavements, patios, footings, foundations, walls, floors, roofs or ceilings ...

Id. at 13-14.

In "Section I-Exclusions," the policy states, in relevant part:

B. We do not insure for loss to property described in Coverages A and B caused by any of the following. However, any ensuing loss to property described in Coverages A and B not precluded by any other provision in this policy is covered....
3. Faulty, inadequate or defective:
a. Planning, zoning, development, surveying, siting;
b. Design, specifications, workmanship, repair, construction, renovation, remodeling, grading, compaction;
c. Materials used in repair, construction, renovation or remodeling; or
d. Maintenance;
of part or all of any property whether on or off the "residence premises".

Id. at 15-16.

In a section called "E. Additional Coverages," the Policy states, in relevant part:

2. Reasonable Repairs
a. We will pay the reasonable cost incurred by you for the necessary measures taken solely to protect covered property that is damaged by a Peril Insured Against from further damage....
8. Collapse
a. This Additional Coverage applies to property covered under Coverages A and B. With respect to this Additional Coverage:
1. Collapse means an abrupt falling down or caving in of a building or any part of a building with the result that the building or part of the building cannot be occupied for its current intended purpose.
2. A building or any part of a building that is in danger of falling down or caving in is not considered to be in a state of collapse.
3. A part of a building that is standing is not considered to be in a state of collapse even if it has separated from another part of the building.
4. A building or any part of a building that is standing is not considered to be in a state of collapse even if it shows evidence of cracking, bulging, sagging, bending, leaning, settling, shrinkage or expansion.
b. We insure for direct physical loss to covered property involving collapse of a building or any part of a building *158if the collapse was caused by one or more of the following:
1. The Perils Insured Against under Coverages A and B;
2. Decay that is hidden from view, unless the presence of such decay is known to an "insured" prior to collapse;
3. Insect or vermin damage that is hidden from view, unless the presence of such damage is known to an "insured" prior to collapse;
4. Weight of contents, equipment, animals or people;
5. Weight of rain which collects on a roof; or
6. Use of defective material or methods in construction, remodeling or renovation if the collapse occurs during the course of the construction, remodeling or renovation.

Id. at 8-10, 28.

In "Section I-Conditions," the Policy states, in relevant part:

G. Suit Against Us
No action can be brought against us unless there has been full compliance with all of the terms under Section I of this policy and the action is started within two years after the date of loss....
H. Policy Period
This policy applies only to loss which occurs during the policy period.

Id. at 18-19.

The plaintiffs filed the instant lawsuit on February 22, 2015, and defendants removed the case to federal court on March 30, 2016. See L.R. 56(a)1 Stat. (Doc. No. 32) at ¶ 1; Notice of Removal (Doc. No. 1).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Dingwell v. Cossette
D. Connecticut, 2020
Jemiola v. Hartford Casualty Ins. Co.
Supreme Court of Connecticut, 2019
Karas v. Liberty Ins. Corp.
335 Conn. 62 (Supreme Court of Connecticut, 2019)
Sirois v. USAA Cas. Ins. Co.
342 F. Supp. 3d 235 (D. Connecticut, 2018)
Corteau v. Teachers Ins. Co.
338 F. Supp. 3d 88 (D. Connecticut, 2018)
Lester v. Liberty Mut. Fire Ins. Co.
325 F. Supp. 3d 243 (D. Connecticut, 2018)
Hurlburt v. Mass. Homeland Ins. Co.
310 F. Supp. 3d 333 (D. Connecticut, 2018)
Makufka v. CSAA Fire & Cas. Ins. Co.
304 F. Supp. 3d 275 (D. Connecticut, 2018)

Cite This Page — Counsel Stack

Bluebook (online)
287 F. Supp. 3d 153, Counsel Stack Legal Research, https://law.counselstack.com/opinion/liston-smith-v-csaa-fire-cas-ins-co-ctd-2017.