1 Analyses of this case by attorneys

  1. District of Connecticut Denies Motion to Dismiss in Faulty Concrete Case, Leaving Open the Question of the Scope of “Sudden” and “Entire Collapse” Policy Provisions

    Saul Ewing Arnstein & Lehr LLPAmy L. PiccolaJuly 12, 2018

    The Court went on to reject Allstate's motion with respect to the insured's statutory claims, finding that the allegation that Allstate regularly refused to attempt in good faith to effectuate settlements of concrete decay claims was sufficient to state plausible claims under Connecticut’s unfair trade practices and unfair insurance practices statutes. For these reasons, the Court denied Allstate's motion to dismiss in full, but because the question of what constitutes a "substantial impairment of structural integrity" for purposes of applying the "collapse" provision in homeowners' insurance policies, has been certified to the Connecticut Supreme Court, see Karas v. Liberty Ins. Corp., No. 3:13-cv-01836-SRU, 2018 WL 2002480 (D. Conn. Apr. 30, 2018), it did so without prejudice to the insurer’s ability to renew its motion.