United States District Court, D. Connecticut
MARK R. HURLBURT and MELANIE HURLBURT, Plaintiffs,
MASSACHUSETTS HOMELAND INSURANCE COMPANY, Defendant.
RULING AND ORDER ON MOTION TO DISMISS
A. BOLDEN, UNITED STATES DISTRICT JUDGE.
Hurlburt and Melanie Hurlburt (the “Hurlburts”)
sued Massachusetts Homeland Insurance Company (“Mass.
Ins.” or “Defendant”) after Mass. Ins.
denied coverage for visible cracking in concrete in their
basement allegedly caused by a chemical reaction.
Specifically, they allege breach of contract and the covenant
of good faith and fair dealing and violation of the
Connecticut Unfair Trade Practices Act (“CUTPA”),
Conn. Gen. Stat. § 42-100a et seq.; and the
Connecticut Unfair Insurance Practices Act
(“CUIPA”), Conn. Gen. Stat. § 38a-815
now moves to dismiss the Complaint under Federal Rule of
Civil Procedure 12(b)(6). ECF No. 11.
following reasons, the motion is GRANTED.
FACTUAL AND PROCEDURAL BACKGROUND
Terms of the Insurance Policy
Hurlburts live at 119 Pinney Street, Ellington, Connecticut.
Compl. ¶ 1, ECF No. 1-1. The Hurlburts allege that they
maintain a homeowner's insurance policy with
Defendant.Compl. ¶ 3. The Hurlburt's
Insurance Policy (“Policy”) provides:
* * *
a. 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 any part of the building cannot be occupied for
its current 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
(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 sudden and accidental direct physical loss
to covered property involving collapse of a building or any
part of a building if the collapse was caused by one or more
of the following:
(1) The Perils Insured Against named under Coverage C;
(2) Decay that is hidden from view, unless the presence of
such decay is known to an “insured” prior to
Policy at 40, ECF No. 12-7.
I: PERILS INSURED AGAINST
COVERAGE A ‒ DWELLING AND COVERAGE B ‒ OTHER
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. at 42.
E. Additional ...