United States District Court, D. Connecticut
GAIL M. CHERNOSKY Plaintiff,
AMICA MUTUAL INS. CO, Defendant.
MEMORANDUM OF DECISION GRANTING DEFENDANT'S
MOTION TO DISMISS
VANESSA L. BRYANT, UNITED STATES DISTRICT JUDGE.
the Court is Defendant Amica Mutual Insurance Company's
(Defendant) Motion to Dismiss Plaintiff's Complaint.
[Dkt. 12 (Motion).] Plaintiff Gail Chernosky (Plaintiff) has
opposed the Motion. [Dkt. 15 (Opposition).] For the reasons
discussed below, Defendant's Motion is GRANTED.
facts alleged in the Amended Complaint [Dkt. 1 (Complaint)]
are taken as true and construed in the light most favorable
to Plaintiff for the purpose of a motion to dismiss.
Conley v. Gibson, 355 U.S. 41, 45-46 (1957).
owns and resides at 372 Bebbington Road, Ashford, Connecticut
(the Property). Complaint at ¶ 1. Defendant is
incorporated and has a primary place of business in Rhode
Island. Id. at ¶ 2. Plaintiff made all required
payments for a homeowner's insurance policy covering the
Property from 2006 forward (the Policy). Id. at
first observed visible cracking patterns in the
Property's concrete on an unspecified date, and had her
basement inspected by a structural engineer on January 6,
2016. Id. at ¶¶ 5-6. The engineer
indicated a chemical reaction was occurring within the
concrete which would cause the structure to eventually fall.
Id. at ¶ 7. Plaintiff submitted a claim for
coverage under the Policy on an unspecified date.
Id. at ¶ 9. Plaintiff asserts the Policy covers
the Property's concrete condition under the provision
covering “collapse, ” since losses due to
chemical reactions are not listed among Policy exclusions.
Id. at ¶¶ 10-11. The iterations of the
Policy in effect from September 6, 2012 through September 6,
2017 contain the following language:
I - PROPERTY COVERAGES
Additional Coverages . . .
8. Collapse . . .
b. Collapse applies only to an abrupt collapse.
c. For the purpose of this Additional Coverage - Collapse,
abrupt 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
d. This Additional Coverage - Collapse does not apply to:
(1) A building or any part of a building that is in danger of
falling down or caving in;
(2) A part of a building that is standing, even if it has
separated from another part of the building;
(3) A building or any part of a building that is standing,
even if it shows evidence of cracking, bulging, sagging,
bending, leaning, settling, shrinkage or expansion.
e. We insure for direct physical loss to covered property
involving collapse of a building or any part of a building if
the collapse was caused by one of more of the following:
(1) The Perils Insured Against;
(2) Decay, of a building or any part of a building, that is
hidden from view, unless the presence of such decay is known
to an insured prior to collapse;
(3) Insect or vermin damage, to a building or any part of a
building, that is hidden from view, unless the presence of
such damage is ...