United States District Court, D. Connecticut
RULING AND ORDER ON MOTION FOR SUMMARY
A. BOLDEN UNITED STATES DISTRICT JUDGE
and Tammy Zamichiei (“the Zamichieis” or
“Plaintiffs”) sued CSAA Fire & Casualty
Insurance Company (“CSAA” or
“Defendant”), after CSAA denied coverage for
visible cracking in concrete in the Zamichieis'
unfinished basement, claiming breach of contract.
moves for summary judgment, arguing that the insurance policy
at issue unambiguously covers only abrupt collapses-not,
according to CSAA, an ongoing condition from which damage
results. CSAA argues that it properly denied coverage and did
not breach its contract.
following reasons, the motion is GRANTED.
FACTUAL BACKGROUND AND PROCEDURAL HISTORY
Zamichieis live at 39 Old Monson Road in Stafford Springs,
Connecticut (“Property”). Def.'s SMF ¶
issued a homeowners insurance policy (“Policy”),
effective January 23, 2015 through January 23, 2016. The
Policy provides, in pertinent part:
SECTION I: PERILS INSURED AGAINST A. COVERAGE A - DWELLING
AND COVERAGE B - OTHER STRUCTURES
1. We insure against risk of direct physical loss to property
described in Coverages A and B.
2. We do not insure, however, for loss:
a. Excluded under Section 1 - Exclusions;
* * * c. Caused by:
* * * (6) Any of the following:
(a) Wear and tear, marring, deterioration;
(b) Mechanical breakdown, latent defect, inherent vice, or
any quality in property that causes to damage or destroy
* * *
(f) Settling, shrinking, bulging or expansion, including
resultant cracking, of . . . foundations, [and] walls . . . .
Id. ¶ 7.
SECTION I - EXCLUSIONS
I. We do not insure for loss caused directly or indirectly by
any of the following. Such loss is excluded regardless of any
other cause or event contributing concurrently or in any
sequence to the loss. These exclusions apply whether or not
the loss event results in widespread damage or affects a
* * *
3. “Water” Damage “Water” Damage
a. Flood or surface “water” from rain or snow,
waves, tidal “water”, or spray from any of these,
whether or not driven by wind;
b. “Water” or water-borne material which backs up
through sewers or drains or which overflows or is discharged
from a sump, sump pump or related equipment; or
c. “Water” or water-born material below the
surface of the ground, including “water” which
exerts pressure on or seeps or leaks through a building,
sidewalk, driveway, foundation, swimming pool or other
structure, caused by or resulting from human or animal forces
or any act of nature.
* * *
II. 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
A. Weather Conditions. However, this exclusion only applies
if weather conditions contribute in any way with a cause or
event excluded in A. above to produce this loss.
B. Acts or decisions, including the failure to act or decide,
of any person, group, ...