United States District Court, D. Connecticut
RULING ON MOTION TO DISMISS
A. BOLDEN UNITED STATES DISTRICT JUDGE.
and Maria Oliveira (“Plaintiffs” or “the
Oliveiras”) filed this lawsuit against Safeco Insurance
Company of America (“Safeco”) and Cambridge
Mutual Fire Insurance Company (“Cambridge, ” and
together with Safeco, “Defendants”) in
Connecticut Superior Court, Judicial District of Tolland.
Compl., ECF No. 1-2. Safeco immediately removed the case to
this Court. Notice of Removal, ECF No. 1.
Oliveiras then moved to amend their Complaint. Pls.' Mot.
for Leave to Amend Compl., ECF No. 18. The next day, the
Court granted the motion. Order, ECF No. 20.
Amended Complaint, First Am. Compl., ECF No. 18-1, alleges
that Safeco breached its contract with the Oliveiras, Am.
Compl. ¶¶ 6-24, and violated the Connecticut Unfair
Insurance Practices Act, Conn. Gen. Stat. § 38a-816,
et seq. (“CUIPA”), and Connecticut
Unfair Trade Practices Act, Conn. Gen. Stat. § 42-110a,
et seq. (“CUTPA”), id.
¶¶ 6-41.[1" name="FN1" id=
now has moved to dismiss the Oliveiras' Amended
Complaint. Mot. to Dismiss, ECF No. 27.
reasons that follow, the Court DENIES
Safeco's motion to dismiss.
FACTUAL AND PROCEDURAL BACKGROUND
1993, the Oliveiras allegedly purchased their home in South
Windsor, Connecticut, which was allegedly built in 1986. Am.
Compl. ¶ 7.
1993 to 2012, Safeco allegedly insured the property.
Id. ¶ 8. Since 2012, Cambridge has allegedly
insured the property. Id. ¶ 44.
in February of 2017, the Oliveiras allegedly noticed that the
basement walls of their home had a series of horizontal and
vertical cracks. Id. ¶ 10. They allegedly
“consult[ed] with area professionals” about the
cracking, id. ¶ 10, and “learned that the
form of ‘pattern cracking' found in the basement
walls of their home was due to a chemical compound found in
certain concrete walls constructed in the late 1980s and the
early 1990s with concrete most likely from the J.J. Mottes
Concrete Company, ” id. ¶ 12.
also allegedly learned that “[t]he aggregate used by
the J.J. Mottes Concrete Company in manufacturing the
concrete in that particular time period contained a chemical
compound which, with its mixture with the water, sand and
cement necessary to form the concrete, began to oxidize
(rust) and expand, breaking the bonds of the concrete
internally and reducing it to rubble.” Id.
basement walls of the Oliveiras home have allegedly
“suffered a substantial impairment to their structural
integrity.” Id. ¶ 15.
31, 2017, the Oliveiras allegedly notified Safeco of the
cracking in their basement. Id. ¶ 18.
28, 2017, Safeco allegedly denied their claim. Id.
has allegedly denied at least three similar claims.
Id. ¶ 38.
February 26, 2018, the Oliveiras sued Defendants in state
court. Compl., ECF No. 1-2. That day, Safeco removed the case
to this Court. Notice of Removal, ECF No. 1.
April 11, 2018, the parties filed their joint 26(f) report.
Joint Report of Rule 26(f) Planning Meeting, ECF No. 16.
April 16, 2018, the Oliveiras moved to amend their Complaint.
Pls.' Mot. for Leave to Amend Compl., ECF No. 18. The
next day, the Court granted that motion. Order, ECF No. 20.
April 23, 2018, the Court convened a telephonic scheduling
conference. Min. Entry, ECF No. 22. The next day, the Court
issued a scheduling order. Scheduling Order, ECF No. 23.
23, 2018, Cambridge answered the Amended Complaint. Answer,
ECF No. 25.
October 11, 2018, Safeco moved to dismiss the Oliveiras'
Amended Complaint. Mot. to Dismiss, ECF No. 27.
November 1, 2018, the Oliveiras opposed Safeco's motion