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Maki v. Allstate Insurance Co.

United States District Court, D. Connecticut

June 20, 2018

MARC C. MAKI and SUZANNE MAKI, Plaintiffs,
v.
ALLSTATE INSURANCE COMPANY, Defendant.

          MEMORANDUM OF DECISION ON DEFENDANT'S MOTION TO DISMISS

          WARREN W. EGINTON SENIOR UNITED STATES DISTRICT JUDGE.

         In February of 2016, Marc and Suzanne Maki noticed a series of cracks throughout the basement walls of their home in South Windsor, Connecticut. Plaintiffs attribute their failing foundation to tainted concrete, likely obtained from the J.J. Mottes Concrete Company. A chemical compound in the Mottes concrete will eventually cause plaintiffs' home to cave in on itself, and there is no known method of preventing the continuing deterioration. Thousands of similarly situated Connecticut residents are facing the prospect of crumbling foundations.

         The Makis sued their insurer, Allstate Insurance Company, alleging breach of contract for denying coverage under their homeowners' insurance policy. The complaint also alleges unfair and deceptive trade practices in violation of the Connecticut Unfair Trade Practices Act and the Connecticut Unfair Insurance Practices Act. Allstate filed the instant motion on the grounds that the alleged damage is not covered under the plain language of the policy. Allstate further submits that plaintiffs' statutory claims should be dismissed, as Allstate's denial of coverage was not in bad faith and liability under the policy was not reasonably clear. For the following reasons, defendant's motion to dismiss will be denied.

         DISCUSSION

         The Makis' policy covers “collapse” as follows:

12. 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 specified in (a) or (b) above must be a sudden and accidental direct physical loss caused by one or more of the following:
a) a loss we cover under Section I, Coverage C Personal Property Protection;
b) hidden decay of the building structure;
c) hidden damage to the building structure caused by insects ...

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