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Sansone v. Nationwide Mutual Fire Ins. Co.

Appellate Court of Connecticut
Mar 27, 2001
62 Conn. App. 526 (Conn. App. Ct. 2001)

Summary

concluding trial court analysis was “consistent with our applicable law and precedents” and adopting court's “well reasoned decision”

Summary of this case from New London Cnty. Mut. Ins. Co. v. Zachem

Opinion

(AC 20165)

Argued January 9, 2001

Officially released March 27, 2001

Procedural History

Action to recover proceeds allegedly due under a property insurance policy issued by the defendant, brought to the Superior Court in the judicial district of New Haven, where the court, Silbert, J., granted the defendant's motion for summary judgment and rendered judgment thereon, from which the plaintiffs appealed to this court. Affirmed.

Timothy J. Lee, for the appellants (plaintiffs).

Charles E. Hickey, with whom, on the brief, was Michael Feldman, for the appellee (defendant).


Opinion


The plaintiffs, James Sansone and Roberta Sansone, appeal from a summary judgment rendered by the trial court in favor of the defendant, Nationwide Mutual Fire Insurance Company. On appeal, the plaintiffs claim that the court improperly concluded that (1) the evidence, when viewed in the light most favorable to them, does not establish, as a matter of law, that termite infestation proximately caused the damage to their residence and (2) their loss was excluded from coverage under their homeowners policy. We affirm the judgment of the trial court.

In their complaint, the plaintiffs alleged that the defendant breached its insurance contract when it refused to indemnify them under their homeowners policy for property damage sustained when one of the walls of their residence collapsed. The plaintiffs also allege that the defendant breached the covenant of good faith and fair dealing when it "intentionally and maliciously" rejected their claim, and that it acted in bad faith in denying coverage "without a reasonable basis." The defendant denied liability and raised a special defense, alleging that insect infestation caused the loss complained of by the plaintiffs and that losses of this type were excluded from coverage under the plaintiffs' homeowners policy. The plaintiffs denied the special defense.

The defendant, thereafter, filed a motion for a summary judgment, in which it argued that the plaintiffs' homeowners policy did not afford coverage under the facts of the case and that it, consequently, was not liable. The plaintiffs filed a memorandum in opposition. The court rendered summary judgment for the defendants, ruling that the evidence, when viewed in the light most favorable to the plaintiffs, established as a matter of law that termites had caused the damage to the plaintiffs' property. The court also held that the plaintiffs' homeowners policy excluded losses that were proximately caused by insect infestation.

Our review of the record, the briefs, and oral argument persuades us to conclude that the judgment should be affirmed. The court's memorandum of decision is detailed, thoughtful and comprehensive. Its analysis is consistent with our applicable law and precedents, and we, therefore, adopt the court's well reasoned decision. See Sansone v. Nationwide Mutual Fire Ins. Co., 47 Conn. Sup. 35, 770 A.2d 500 (1999). It would serve no useful purpose to repeat the discussion contained therein. See Keyes v. Pennsylvania General Accident Ins. Co., 45 Conn. App. 140, 142, 695 A.2d 548 (1997); McCommic v. Commissioner of Correction, 44 Conn. App. 470, 471, 689 A.2d 526 (1997).


Summaries of

Sansone v. Nationwide Mutual Fire Ins. Co.

Appellate Court of Connecticut
Mar 27, 2001
62 Conn. App. 526 (Conn. App. Ct. 2001)

concluding trial court analysis was “consistent with our applicable law and precedents” and adopting court's “well reasoned decision”

Summary of this case from New London Cnty. Mut. Ins. Co. v. Zachem

denying coverage for losses sustained during repairs of damage caused by insect infestation because the infestation, which was not covered under the policy, proximately caused the repair damages

Summary of this case from Mazzarella v. Amica Mut. Ins. Co.

In Sansone, this court affirmed the judgment of the trial court and adopted its decision granting an insurer's motion for summary judgment on the basis of its conclusion that an ensuing loss clause in the insured's homeowners policy did not reinstate coverage for a loss caused by an insect infestation.

Summary of this case from Viking Constr., Inc. v. 777 Residential, LLC
Case details for

Sansone v. Nationwide Mutual Fire Ins. Co.

Case Details

Full title:JAMES SANSONE ET AL. v. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY

Court:Appellate Court of Connecticut

Date published: Mar 27, 2001

Citations

62 Conn. App. 526 (Conn. App. Ct. 2001)
771 A.2d 243

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