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February 3, 2022
Summary Judgment Obtained in Home Insurance Case

In January of 2022, Judge Merriam granted Halloran Sage’s Insurance Defense Group’s motion for summary judgment in its entirety in a home insurance water damage case pending in federal court. In its motion for summary judgment, the group challenged the plaintiff’s claim that the client had breached its insurance contract. The defendant argued that the policy language was clear, and the plaintiff’s policy did not provide coverage for water damage caused by continuous or repeated leakage of water over a period of time.

The Court found that the insurance policy unambiguously excludes damage caused in this context. Therefore, the client did not breach the plaintiff’s contract by denying coverage.

The Court also found that the coverage exclusion did not violate any Connecticut statute or mandatory regulation that applies to the policy. Summary judgment was granted in favor of the client on all counts: Breach of Contract, Breach of the Implied Covenant of Good Faith and Fair Dealing/Bad Faith, Negligence, and Declaratory Judgment.

The client was represented by attorney Nico Piscopo.

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Nico J. Piscopo
Insurance
Litigation & Dispute Resolution