CONSTRUCTION DEFECT JOURNAL

"News and Information for Construction Defect and Claims Professionals"

CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - WEDNESDAY, APRIL 2, 2025

Collapse Claim Denied After Insured's Failure to Meet Suit Limitation Deadline

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The policy had a suit limitation provision which prevented an insured from filing suit two years after the date that direct physical loss or physical damage occurred.

April 1, 2025
Tred R. Eyerly - Insurance Law Hawaii

The insured's claim for collapse of a building was denied after failing to file suit within the two-year limitation set forth in the policy. 94 Broad Street, LLC v. The Hartford Financial Services Group, Inc., 2025 Conn. Super. LEXIS 112 (Conn. Super. Ct. Jan. 24, 2025).

The insured had a policy with the Hartford for its mixed-use building. The policy had a suit limitation provision which prevented an insured from filing suit two years after the date that direct physical loss or physical damage occurred.

In late 2018, the insured had a sewer back up problem and made repairs. On October 6, 2020, the insured filed a claim with the Hartford. The Hartford assigned a claim file with the dat of loss as December 9, 2018. Around October 6, 2020, the insured informed the Hartford that the rear of its building was collapsing, the collapse was contemporaneous with the sewer line back up, and the insured believed the collapse was caused by the sewer line back up. The Hartford denied coverage on August 18, 2021, due to its engineer's report. The insured's engineer then investigated the collapse and opined that the collapse was caused by the sewer line back up and the soil compacting which weakened the rear of the building. The Hartford still refused to cover the loss.

Mr. Eyerly may be contacted at te@hawaiilawyer.com


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