Connecticut Superior Court Applies Manifestation Trigger to Crumbling Foundation Cases

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Richard N. Dino et al. v. Safeco Ins. Co. of Am. et al, No. CV166010428S, 2018 WL 3405445 (Conn. Super. Ct. June 12, 2018). The Superior Court of Connecticut for the Judicial District of Tolland held that the manifestation trigger theory applies for determining which insurance policy covers the loss in the context of Connecticut’s crumbling concrete foundation cases. As is common in the crumbling foundation cases, the Dino plaintiffs sued multiple insurance carriers with which they insured their home at various times since its construction in 1985. Each carrier moved for summary judgment. Judge Farley determined that, in the context of first-party property insurance, coverage is triggered when the loss, injury or damage becomes known or reasonably discoverable (“manifestation theory”) by the plaintiff(s).