OAM Partners Obtain Summary Judgment Ruling In Favor of Insurance Carrier In Crumbling Concrete Actions

foundationAttorneys Susan Miller and Allison Russo obtained summary judgment for insurer in two crumbling concrete actions. 

The plaintiffs alleged that the cracking and deterioration of their foundation, caused by incompatible materials used in the concrete mix, was covered under the policy of insurance issued by OAM’s client. Plaintiffs further alleged that the insurer had acted in bad faith and had violated the Connecticut Unfair Trade Practice Act (CUTPA) and Connecticut Unfair Insurance Practice Act (CUIPA).

The Honorable John B. Farley agreed with the policy interpretation put forth on behalf on the insurer.  In doing so he held that the insurer had established through deposition testimony and experts reports, that the loss alleged by the plaintiffs involved the progressive deterioration of the insured’s foundation. The subject insurance policy only paid for “sudden and accidental direct physical loss…” As the progressive deterioration of the foundation is not “sudden” it is not covered under the policy of insurance issued by the Insurer. Judge Farley further held that because there was no coverage under the applicable policy of insurance there can be no claim for bad faith or violation of CUTPA/CUIPA.