Howd & Ludorf Wins Summary Judgment in Crumbling Foundation Case

By: Philip T. Newbury, Jr.

pnewbury@hl-law.com

860-249-1361

Howd & Ludorf partner, Phil Newbury, recently won summary judgment in the case of Joseph DiNardo v. Pacific Indemnity Company,  et al., in Tolland Superior Court.  The plaintiff claimed that his concrete foundation was in a state of “collapse” because it contained pyrrhotite, which reacts with air and water and causes the concrete to deteriorate.  The court concluded that Pacific Indemnity Company and Great Northern Insurance Company (part of Chubb group), which insured the plaintiff’s property from 1996 to 2003, were not liable because their policies did not include coverage for collapse of a foundation, and specifically excluded coverage for “settling, cracking, shrinking, bulging or expansion” and for loss caused by defective construction.