The policy's requirement that collapse constitute an abrupt falling down of the building barred coverage for the homeowner. Marigliani v. Citizens Ins. Co. of Am., 2019 Conn. Super. LEXIS 137 (Conn Super. Ct. Feb. 1, 2019).

    The plaintiffs' hoe was built in 1985 and they purchased it in 2001. A home inspection revealed normal settlement cracks in the basement wall. From 2001 on, plaintiffs did not notice any cracks in the basement walls until 2014. Thereafter, they noticed horizontal cracking. Inspectors found numerous spider-web cracks running vertically and horizontally. A defect in the concrete would continue to deteriorate the concrete and the foundation walls would continue to bulge inward until they structurally failed. There was no way to arrest the process or to repair the existing damage.

    The plaintiffs filed a claim with Travelers, who insured the home since October 31, 2010, and with Citizens, who insured the home from October 31, 2001 through October 31, 2010. Both denied coverage, and the plaintiffs sued both carriers.

    The Citizens policy insured collapse of a building or any part of a building caused by hidden decay or by use of defective material. Under the Travelers policy, collapse was covered only if there was an abrupt falling down or caving in of a building.

    For the loss to have occurred during one of the Citizens policy periods, it would have to have been discovered or reasonably discoverable by October 31, 2010 at the latest. No evidence supported this conclusion. The loss was neither discovered nor reasonably discoverable until at least 2012.

    Under the Travelers policy, neither the house nor a part of the house had fallen down or caved in. The plaintiffs continued to occupy the house from the time they became aware of the problem. There was no evidence that the danger was imminent and no evidence that the home or any part of it was uninhabitable. 

    Therefore, both insurers were entitled to summary judmgent.