State: 
Connecticut
Year: 
2018
Case Number: 
S.C. 20149
Court: 
Supreme Court of the State of Connecticut
Issue: 
Contract Interpretation
Ambiguous Terms and Extrinsic Evidence

"Substantial impairment of structural integrity" is the applicable standard for "collapse" and need not be clarified. This definition includes an impairment which, if not remedied, will lead inevitably to a caving in, a falling down, and/or a structure's being unsafe to occupy.

 

The terms "Foundation" and "Retaining Wall" are ambiguous and reasonably include basement walls. No extrinsic evidence as to the eaning of ambiguous terms is permitted, and those terms must be construed in favor of coverage. 

Author: 
Ryan M. Suerth, Esq., Marilyn B. Fagelson, Esq., Proloy K. Das, Esq., and Sarah Gruber, Esq.