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Adams v. Allstate Insurance Co.

United States District Court, D. Connecticut

August 29, 2017

DANIEL ADAMS, Plaintiff,
v.
ALLSTATE INSURANCE COMPANY, Defendant.

          RULING ON DEFENDANT'S MOTION TO DISMISS

          Janet Bond Arterton, U.S.D.J.

         Plaintiff Daniel Adams ("Mr. Adams") brought this lawsuit alleging breach of an insurance contract (Count 1), breach of the implied covenant of good faith and fair dealing (Count 2), and violations of the Connecticut Unfair Trade Practices Act ("CUTPA") and the Connecticut Unfair Insurance Practices Act ("CUIPA") (Count 3) against Defendant Allstate Insurance Company ("Defendant" or "Allstate") in connection with Allstate's denial of coverage for a claim to cover the cost of repairing a crumbling house foundation. Defendant moves [Doc. # 21] to dismiss all Counts. For the reasons set forth below, Defendant's Motion is GRANTED.

         I. Facts Alleged

         Plaintiff alleges that he insured his home through a homeowner's insurance policy issued by Allstate and that he timely made all required premium payments. (Compl. [Doc. # 1] ¶¶ 3-4.) "Over time" Mr. Adams noticed "visible cracking patterns" in his basement walls and became worried that his home had the same problems with its concrete foundation that he had seen reported in the news. (Id. ¶¶ 5-6.) The Complaint alleges that the concrete in Plaintiffs basement walls was cracking due to a chemical reaction and that "this chemical reaction will continue to progressively deteriorate the walls, rendering the[m] structurally unstable...." (Id.¶ 7.)

         On December 10, 2015, Plaintiff made a formal claim with Allstate seeking coverage under his homeowner's insurance policy because of the "damages caused by the chemical reaction." (Id. ¶8.)

         The insurance policy at issue is a Deluxe Homeowners Policy issued by Allstate. (See Ex. C ("Policy") to Mem. Supp. Mot. to Dismiss [Doc. # 21-4].) The Policy provides the following general coverage:

We will cover sudden and accidental direct physical loss to property described in Coverage A-Dwelling Protection and Coverage B-Other Structures Protection except as limited or excluded in this policy.

(Policy at 31.)[1] The Policy then lists a series of exclusions, several of which are relevant to the instant dispute. The Policy does not cover losses "consisting of or caused by... Collapse, except as specifically provided in Section I-Additional Protection under item 11, 'Collapse'." (Id. at 32.) Further, the policy does not cover losses "consisting of or caused by . . . wear and tear, aging, marring, scratching, deterioration, inherent vice, or latent defect;" "rust or other corrosion, mold, wet or dry rot;" or "settling, cracking, shrinking, bulging or expansion of pavements, patios, foundations, walls, floors, roofs or ceilings." (Id.)

         Although the policy generally excludes collapse, it specifies a set of conditions under which collapse would be covered in the "Additional Protection" section:

         Collapse:

We will cover
a) the entire collapse of a covered building structure b) the entire collapse of part of a covered building structure; and c) direct physical loss to covered property caused by (a) or (b) above.
For coverage to apply, the collapse of a building structure in (a) or (b) above must be a sudden and accidental physical loss caused by one or more of the following:
b) hidden decay of the building ...

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