Easthampton Congregational Church v. Church Mut. Ins. Co.
Easthampton Congregational Church v. Church Mut. Ins. Co.
Opinion of the Court
I. Introduction
On April 25, 2016, the ceiling in the Fellowship Hall of the Easthampton Congregational Church ("the Church" or "Plaintiff") fell to the floor. This is a dispute about whether the Church's property insurance policy issued by Church Mutual Insurance Company ("Church Mutual" or "Defendant") provides coverage for the loss. The parties have cross-moved for summary judgment on the issue of coverage. For the reasons discussed below, Plaintiff's motion is allowed, and Defendant's motion is denied.
II. Applicable Legal Standard
"Summary judgment is proper where 'the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.' " Carroll v. Xerox Corp. ,
"Under Massachusetts law,
"If a term is 'susceptible of more than one meaning and reasonably intelligent persons would differ as to which meaning is the proper one,' the term is ambiguous." U.S. Liability Ins. Co. v. Benchmark Constr. Servs., Inc. ,
The insured bears the initial burden of showing that the case involves a generally covered risk under the policy. Stor/Gard, Inc. v. Strathmore Ins. Co. ,
III. Facts
A. The Loss
On April 25, 2016, the ceiling in the Fellowship Hall section of the Church failed and fell to the floor. The ceiling was not under construction, remodeling, or renovation at the time. The Church had in effect a property insurance policy issued by Church Mutual ("the Policy"), and the Church promptly reported the ceiling failure to Church Mutual.
B. The Policy
In the Policy, Church Mutual agreed to "pay for direct physical loss of or damage to Covered Property at the premises described in the Declarations Page caused by or resulting from any Covered Cause of Loss." The Fellowship Hall section of the Church is part of the premises described in the Declarations Page. Church Mutual does not contest that the damage to the Fellowship Hall ceiling constituted direct physical loss of or damage to Covered Property at the premises insured by the Policy.
"Covered Causes of Loss" are defined as "Risks of Direct Physical Loss unless the loss is" excluded or limited. Exclusion 2.j. excludes "loss or damage caused by or resulting from ... Collapse, except as provided below in the Additional Coverage-Collapse." The Additional Coverage-Collapse coverage part provides that "[t]he term Covered Cause of Loss includes the Additional Coverage-Collapse as described and limited in D.1. through D.5. below." Paragraph D.1.a. defines "Collapse" as "an abrupt falling down or caving in of a building or any part of a building with the result that the building or part of the building cannot be occupied for its intended purpose." The parties agree that the failure of the ceiling in the Fellowship Hall constitutes a collapse within the meaning of the Policy. Paragraph D.2. provides, in pertinent part:
[Church Mutual] will pay for direct physical loss or damage to Covered Property, caused by collapse of a building or any part of a building that is insured under this Coverage Form ..., if the collapse is caused by one or more of the following:
...
b. Decay that is hidden from view, unless the presence of such decay is known to any insured prior to collapse;
...
f. Use of defective material or methods of construction, remodeling, or renovation if the collapse occurs during the course of construction, remodeling, or renovation. However, if the collapse occurs after construction, remodeling, or renovation is complete and is caused in part by a cause of loss listed in a. through e.; we will pay for the loss or damage even if use of defective material or methods, in construction, remodeling, or renovation, contributes to the collapse.
The Policy does not define the term "decay."
In addition to the general exclusion for collapse, Exclusion 3.c. excludes loss or damage caused by or resulting from "[f]aulty, inadequate, or defective ... [d]esign, ... [or] construction ... of part or all of any property on or off the described premises." However, a preamble to Exclusion 3.c. provides that "if an excluded cause of loss that is listed in ... 3.c. results in a *234Covered Cause of Loss, we will pay for the loss or damage caused by that Covered Cause of Loss." Exclusion 2.d. excludes loss or damage resulting from "[w]ear and tear," and "[r]ust, or other corrosion, decay, deterioration, hidden or latent defect, or any quality in property that causes it to damage or destroy itself."
C. The Expert Report
On May 3, 2016, Joseph Malo, a Forensic Engineer with Donan Engineering, inspected the church and the ceiling failure at the request of Church Mutual. Mr. Malo reported his findings and conclusions by letter dated May 11, 2016 ("the Report" or "Malo's Report"). The parties accept the contents of Malo's Report as agreed material facts. In the Report, Malo confirmed that a major section of the ceiling of the Fellowship Hall section of the church had failed. Malo explained the following about the ceiling:
The ceiling consists of three different types of materials installed one over the other with a total thickness of approximately 3 ¾ inches .... The original ceiling is constructed with wood lath and plaster attached to boards 2 ¼ inches by ¾ inch spaced 12 inches on center .... The boards attached to the lath were attached to the ceiling joists approximately every 20 inches with cut nails with approximately 1 ¾-inch penetration .... Approximately 1 ½-inch by ¾-inch boards are attached to the plaster and ¼-inch drywall attached to the boards. The drywall was nailed to the 1 ½-inch by ¾-inch boards .... Ceiling tiles approximately 12 inches by 24 inches by ½ inch thick are installed directly to the drywall ....
Mr. Malo reported that "[t]he ceilings failed as one unit, and the original cut nails attaching the ceiling to the joists have pulled out, leaving only holes in the bottoms of the ceiling joists ...." Mr. Malo explained the concept of nail withdrawal as follows:
The resistance of a nail to withdrawal from a building material is related to the density or specific gravity of the material, diameter of the nail, and the depth of penetration. The shank finish and condition of the nail and the point of the nail also influence the withdrawal resistance. The smooth nail's connection is subject to significant loss of strength over time due to weakening of the material's grip on the fasteners, resulting in withdrawal. The weakening of the connection is caused by cyclical volumetric changes induces [sic] by normal temperature and moisture changes in the building materials. Modern ceilings are typically attached using screws or ringed nails that provide greater resistance to withdrawal than the smooth-sided fasteners used in this structure.
Mr. Malo concluded:
The ceiling failure is a result of progressive failure of the fasteners used to attach the layers of ceiling to the ceiling joists due to the weight of the ceiling. The connection failure could have taken a period of years to occur. The fasteners holding the layers of ceiling to the ceiling joists are oriented such that they are loaded in direct withdrawal. Smooth-sided fasteners such as these rectangular nails in direct withdrawal are loaded in pure tension and rely entirely on the frictional grip between either the wood or the plaster/lath and the fastener.
The ceiling system was inadequately fastened to the structure. The attachment system of the multiple types of ceiling to the original building is inadequate and did not have the capacity to support the weight of all the additional ceilings.
D. Coverage Denials
Church Mutual originally denied coverage by letter dated May 19, 2016, relying on Malo's Report and Exclusion 3.c. for *235faulty, inadequate or defective construction.
Thereafter, the Church asked Church Mutual to reassess the claim based on the Additional Coverage-Collapse coverage part. By letter dated July 1, 2016, Church Mutual again denied coverage in reliance on Malo's Report. Church Mutual stated that "[t]he engineer determined the cause of the ceiling collapse was the inadequacy of an attachment system to secure the progressively heavier weight of three layers of ceiling material over time, and not to any hidden decay of materials. As such, the provision of the additional coverage for collapse provided by your policy does not provide coverage."
In response, counsel for the Church forwarded correspondence dated September 26, 2016 to Church Mutual, arguing that the loss was covered under the terms of the Policy. The Church argued that Exclusion 3.c. did not apply since the ceiling had lasted for more than 60 years. Moreover, even if it did, coverage was afforded under the Additional Coverage-Collapse coverage part for collapse caused by decay that was hidden from view and unknown to the insured prior to the collapse, since Malo's Report "concluded that the progressive failure of the fasteners over a long period of time caused the ceiling to collapse."
By letter dated October 21, 2016, Church Mutual reiterated its denial of coverage. It again argued that Exclusion 3.c. applies because Malo's Report "concluded that the ceiling failure was the result of the attachment system (i.e. , smooth-sided nails driven into wooden ceiling joists) not having the capacity to support the weight of all the additional ceilings that had been affixed to the original ceiling over the years. Over time, the weight of the ceiling(s) eventually caused the nails (or some of them) to pull loose from the joists, resulting in a complete failure of the entire ceiling." Moreover, Church Mutual denied that the failure of the ceiling was the result of decay, such as would trigger coverage under the Additional Coverage-Collapse coverage part because the collapse "was not caused by anything 'decaying'. It was caused by design or construction means, methods, or materials that were inadequate to the task of securing the ceiling to the roof joists."
IV. Discussion
As set forth above, Church Mutual does not contest that the failure of the Fellowship Hall ceiling is a generally covered risk under the Policy. Therefore, the Church has met its initial burden, and the burden shifts to Church Mutual to show that an exclusion applies. Stor/Gard ,
A. The Additional Coverage-Collapse
Taken together, the general collapse exclusion and the Additional Coverage-Collapse coverage part mean that the Policy provides coverage for only certain kinds of collapse, one of which is collapse that is caused by "[d]ecay that is hidden from view, unless the presence of such decay is known to an insured prior to collapse." Moreover, for collapses occurring "after construction, remodeling, or renovation is complete," as here, the Policy provides coverage if the collapse is caused "in part" by "[d]ecay that is hidden from view" and unknown to the insured prior to the collapse, "even if use of defective material or methods, in construction" also contributes to the collapse. Thus, the question for the court is whether the Church has produced evidence establishing that decay that was hidden from view and unknown to the Church contributed to the collapse.
As set forth above, the term "decay" is not defined in the Policy. Neither party suggests that the term is ambiguous. The Church argues that the meaning of the term as used in the Policy encompasses a slow progressive loss of strength. Church Mutual does not argue for any particular meaning of the term. Because the term is undefined, the court turns to dictionary definitions to ascertain its ordinary meaning. Raytheon ,
Thus, having determined that the plain and ordinary meaning of "decay" as used in the Policy encompasses a gradual deterioration or decline in strength or soundness, the question becomes whether the Church has shown that the failure of the Fellowship Hall ceiling was caused, at least in part, by such a gradual deterioration or decline in strength or soundness. While it is an exceedingly close question, the court finds that it has. In his Report, Malo found that the three layers of ceiling material failed as a single unit, with the original cut nails attaching the ceiling to the joists pulling out and leaving only holes in the bottoms of the ceiling joists. Regarding the concept of nail withdrawal, Malo explained that the smooth nail's connection was subject to significant loss of strength over time due to a weakening of the wooden joists' grip on the nails, which resulted in withdrawal. He attributes this weakening of the connection between the wooden joists and the nails to cyclical volumetric *238changes in the wood induced by normal temperature and moisture changes. This gradual decline in the strength of the connection between the building materials and the fasteners fits within the plain and ordinary meaning of the term "decay" when that term is construed to extend to gradual deterioration or a progressive failure in strength and soundness. It is undisputed that the Church had no prior knowledge of the weakening of the connection between the nails and the surrounding building materials in the ceiling before the April 25, 2016 collapse and that the process would have been hidden since the failing connection between the wooden joists and the smooth-sided nails was in the ceiling.
In resisting a finding of decay, Church Mutual emphasizes Malo's conclusion that the attachment system of the multiple types of ceiling to the original building was inadequate and did not have the capacity to support the weight of all three layers of ceiling material. Church Mutual maintains that this shows that the collapse was due to the use of "defective material or methods of construction, remodeling, or renovation," not decay, and, because the collapse occurred after construction, remodeling, or renovation was complete, it is not covered under the Additional Coverage-Collapse coverage part. Again, the word "defective" is not defined in the Policy, and, therefore, the court turns to dictionary definitions for assistance. Raytheon ,
The court's conclusion that Plaintiff has established decay is consistent with two cases cited by Plaintiff from other jurisdictions. In Joy Tabernacle ,
In Stamm Theatres ,
Nor does the court consider its holding to be in conflict with the decision of the First Circuit in Parker v. Worcester Insurance Co. ,
[I]t is open to doubt whether defective concrete could be called "decay," especially when the term is read in the context of other specified causes (e.g. "[h]idden insect or vermin damage").
This doubt is greatly reinforced by the final covered cause of collapse, which reads as follows: "Use of defective material or methods in construction ... if the collapse occurs during the course of construction...." This language directly deals with collapse caused by poor workmanship or materials, but expressly limits coverage in such cases to collapse during construction. This arguably makes the clause of no use to [the plaintiff] and, even worse for her position, suggests that "decay" is not a backdoor to coverage for poor construction materials or workmanship.
The court disagrees with Church Mutual's contention that a finding of coverage on the facts presented would result in all collapses caused by defective materials and methods of construction, whether during or after construction, being covered. The insured still has to prove that one of the other enumerated causes of loss contributed to the collapse, and where an insured relies on hidden decay, the insured still has to show a gradual deterioration or decline in strength or soundness that was not apparent to the insured. If what occurred was that the materials or methods of construction were defective from the outset, as in Parker , the insured would not be able to meet this burden.
Accordingly, the court finds that the loss in question is covered by the Additional Coverage-Collapse coverage part of the Policy.
B. Applicability of the Policy's General Exclusions
In light of the express grant of coverage under the Additional Coverage-Collapse coverage part, the court finds that general Policy exclusions on which Church Mutual relies-for faulty, inadequate, or defective design or construction and for wear and tear or any quality in property that causes it to damage or destroy itself-are inapplicable. The court reaches this conclusion based on a plain reading of the Policy. The Policy provides that Church Mutual "will pay for direct physical loss of or damage ... caused by or resulting from any Covered Cause of Loss." The Additional Coverage-Collapse coverage part provides that "[t]he term Covered Cause of Loss" includes collapses resulting from "[d]ecay that is hidden from view, unless the presence of such decay is known to any insured prior to collapse." Thus, where an insured establishes that hidden decay contributed to a collapse, as the Church has done here, the insured has established a "Covered Cause of Loss" for which Church Mutual is obligated to pay, notwithstanding the provisions of any of the Policy's general exclusions.
That this is the correct reading of the Policy is reinforced by inconsistencies that would otherwise emerge between the general exclusions and the Additional Coverage-Collapse. Exclusion 3.c. bars recovery for damage or loss caused by "defective ... construction, ... [and] materials used in ... construction," while the Additional Coverage-Collapse specifically allows recovery for collapse caused by the "use of defective materials or methods, in construction" where such use combines with an enumerated "cause of loss." Likewise, Exclusion 2.d., excludes loss or damage resulting from "[w]ear and tear," and "[r]ust, or other corrosion, decay , deterioration, hidden or latent defect, or any quality in property that causes it to damage or destroy itself" (emphasis added), while the Additional Coverage-Collapse specifically allows recovery for "collapse ... caused by ...
*242[d]ecay that is hidden from view." The plain reading of the Policy advanced by the court avoids these inconsistencies.
Moreover, this reading of the Policy is consistent with that of a number of other courts which have found general exclusions in policies of insurance inapplicable to additional collapse coverage. Joy Tabernacle ,
For this reason, the court does not need to address whether the evidence establishes that the collapse was caused by an excluded cause as Defendant contends.
V. Conclusion
For the foregoing reasons, the court GRANTS Plaintiff's motion for summary judgment regarding coverage and DENIES Defendant's motion.
IT IS SO ORDERED.
The parties have consented to the jurisdiction of a magistrate judge for all purposes (Dkt. No. 13). See
The parties agree that Massachusetts law governs this dispute.
The facts are as set forth in the record and are undisputed.
Church Mutual also cited Limitation 1.c. of the Policy, which applies to damage to the interior of a building or structure caused by or resulting from rain, snow, sleet, ice, sand, or dust. However, Limitation 1.c. is not applicable as there is no evidence that the ceiling failure was caused by rain, snow, sleet, ice, sand, or dust.
While Exclusion 2.j. generally excludes collapse, and the parties agree that the failure of the Fellowship Hall ceiling is a collapse within the meaning of the Policy, Church Mutual does not rely on this exclusion.
The relevant collapse coverage provided:
b. We will pay for accidental direct physical loss to Covered Property, caused by collapse of a building or any part of a building that is insured under this coverage form or that contains Covered Property insured under this coverage form, if the collapse is caused by any one or more of the following:
...
(2) Decay that is hidden from view, unless the presence of such decay is knowns to an insured prior to collapse;
...
(6) Use of defective material or methods in construction, remodeling or renovation if the collapse occurs during the course of the construction, remodeling or renovation. However, if the collapse occurs after construction, remodeling or renovation is complete and is caused in part by a cause of loss listed in Paragraph (1) through (5), we will pay for the loss even if use of defective material or methods in construction, remodeling or renovation, contributes to the collapse.
The Policy provided as follows:
Collapse. We insure for direct physical loss to covered property involving collapse of a building or any part of a building caused only by one or more of the following:
...
b. Hidden decay;
...
f. Use of defective material or methods in construction, remodeling or renovation if the collapse occurs during the course of the construction, remodeling or renovation.
Reference
- Full Case Name
- EASTHAMPTON CONGREGATIONAL CHURCH v. CHURCH MUTUAL INSURANCE COMPANY
- Cited By
- 5 cases
- Status
- Published