Easthampton Congregational v. Church Mutual Insurance Co.
Opinion
This appeal requires the interpretation of words and terms in an insurance policy. Plaintiff-Appellee Easthampton Congregational Church (the "Church") had a property insurance policy (the "Policy") with Defendant-Appellant Church Mutual Insurance Company (the "Insurance Company"). On April 25, 2016, the ceiling in one section of the Church collapsed. The Church filed a claim pursuant to the Policy, which the Insurance Company denied. The Church then filed suit, seeking a declaratory judgment that the claim was covered. On cross-motions for summary judgment, the district court ruled for the Church. Noting that the Policy did not define the word "decay," the court adopted a dictionary definition of the word and used that definition to conclude that the Policy provided coverage. We affirm, albeit for different reasons.
I. Factual Background
A. The Insurance Policy
The Policy was in effect at the time of the collapse and carries a coverage limit of $5,353,000. The parties agree that the damaged section of the Church, Fellowship Hall, "is among the [covered] premises described in the [P]olicy's Declarations Page."
The coverage provisions are governed by two primary forms. The first is the "Building and Personal Property Coverage Form," which covers "direct physical loss of or damage to Covered Property ... caused by or resulting from any Covered Cause of Loss." The second is the "Causes of Loss - Special Form." That form sets forth various exclusions and limitations in Sections B and C, respectively.
The Insurance Company argues that two exclusionary clauses are relevant to this case. First, in Section B-2(d), the Policy includes a "Wear and Tear Exclusion" which states:
We will not pay for loss or damage caused by or resulting from any of the following:
...
d. (1) Wear and tear;
(2) Rust, or other corrosion, decay, deterioration, hidden or latent defect, or any quality in property that causes it to damage or destroy itself; [ 1 ]
Second, in Section B-3(c), the Policy includes a "Faulty Construction Exclusion" which excludes coverage for:
loss or damage caused by or resulting from any of the following [sections] but if an excluded cause of loss that is listed in [the following sections] results in a Covered Cause of Loss, we will pay for the loss or damage caused by that Covered Cause of Loss.
...
c. Faulty, inadequate, or defective:
...
(2) Design, specifications, workmanship, repair, construction, renovation, remodeling, grading, compaction;
(3) Materials used in repair, construction, renovation, or remodeling; or
(4) Maintenance;
of part or all of any property on or off the described premises.
In Section B-2(j), the Policy also includes a "Collapse Exclusion" which excludes coverage for:
Collapse, except as provided below in the Additional Coverage - Collapse [provision]. But if collapse results in a Covered Cause of Loss at the described premises, we will pay for the loss or damage caused by that Covered Cause of Loss.
The Additional Coverage - Collapse provision, Section D-2, in turn states:
The term Covered Cause of Loss includes the Additional Coverage - Collapse as described and limited in [the sections] below.
1. With respect to buildings:
a. Collapse means 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;
...
2. We will pay for direct physical loss or damage to Covered Property, caused by collapse of a [Covered Property] ... 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 an insured prior to collapse;
...
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. However, if the collapse occurs after construction, remodeling, or renovation is complete and is caused in part by a cause of loss listed in [the previous sections]; 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.
Therefore, although Section B-2(j) excludes coverage for collapses generally, Section D-2 effectively reinstates coverage under limited circumstances, including where the collapse was caused in part by "[d]ecay that is hidden from view." It is noted that the Policy does not define the word "decay."
B. The Ceiling Collapse
On April 25, 2016, the ceiling in the Fellowship section of the Church fell to the floor. The Church promptly reported the incident to the Insurance Company. Eight days later, at the request of the Insurance Company, forensic engineer Joseph Malo inspected the ceiling collapse and detailed his findings in a written report. The parties accepted the contents of Malo's report as "agreed material facts."
In that report, Malo wrote that the ceiling "consist[ed] of three different types of materials installed one over the other with a total thickness of approximately 3 [and] 3/4 inches." "The original ceiling [was] constructed with wood lath and plaster attached to boards" spaced twelve inches apart. The boards themselves "were attached to the ceiling joists" by "cut nails with approximately 1 [and] 3/4-inch penetration." Although the boards were nailed to the joists, the wood lath and plaster were attached only to the boards. Sometime after the original ceiling was constructed, two more ceiling layers were installed. The second layer consisted of drywall affixed to boards, which were then nailed directly into the plaster. The third layer consisted of ceiling tiles that were attached directly to the surface of the drywall. Neither the second nor third layers were attached to the ceiling joists. In addition, there was approximately ten inches of insulation blown into the space above the ceiling. Therefore, the only support for the three layers of ceiling materials and insulation was the original nails that fastened the first layer of boards to the ceiling joists.
Malo concluded that "nail withdrawal" by the smooth nails used to secure the original boards to the joists caused the ceiling collapse. He observed that "cyclical volumetric changes induce[d] by normal temperature and moisture changes in the building materials" had caused the nails' connection to the joists to weaken. Eventually, the nails completely pulled out, "leaving only holes in the bottoms of the ceiling joists." In other words, the collapse was caused by the "progressive failure of the fasteners used to attach the layers of ceiling to the ceiling joists due to the weight of the ceiling."
C. Denial of Coverage
On May 19, 2016, the Insurance Company denied the Church's claim, relying on Malo's report. As relevant here, the Insurance Coverage cited the Faulty Construction Exclusion, stating that "[t]he fasteners used to uphold the ceiling were inadequate for the size/weight of the ceiling, and the ceiling system was not adequately fastened to the structure." The Church asked the Insurance Company to reconsider its decision, arguing that the collapse was covered under the Additional Coverage - Collapse provision. However, on July 1, 2016, the Insurance Company denied the reconsideration request.
On September 26, 2016, the Church, through counsel, sent the Insurance Company a letter detailing its position that the loss caused by the ceiling collapse was a covered event under the Policy. The Church disputed the application of the Faulty Construction Exclusion, claiming that because the ceiling lasted approximately sixty years, its construction was "entirely effective." In addition, the Church argued that the collapse was caused by hidden decay and so was covered by the Additional Coverage - Collapse provision. It noted that Malo's report concluded that the collapse occurred because of nail withdrawal, which was a "progressive failure" that "could have taken a period of years to occur."
The Insurance Company replied by letter through counsel on October 21, 2016, reiterating its prior position that the collapse occurred because of "faulty construction." Specifically, it argued that Malo's report concluded that the ceiling's construction was flawed because the second and third layers were not securely fastened to the ceiling joists. The letter also rejected the Church's allegation that hidden decay contributed to the collapse.
II. Procedural Background
The Church filed suit in Massachusetts Superior Court in April 2017 seeking a declaratory judgment that the Policy provided coverage for the collapse. The Insurance Company timely removed the case to federal court based on diversity jurisdiction.
2 Both parties consented to have the case heard by a magistrate judge and filed cross-motions for summary judgment.
On May 10, 2018, the district court granted summary judgment for the Church.
Easthampton Congregational Church
v.
Church Mut. Ins. Co.
,
III. Analysis
A. Legal Framework
We review the district court's grant of summary judgment de novo.
AJC Int'l, Inc.
v.
Triple-S Propiedad
,
"Because this case is brought in diversity jurisdiction, we must look to state law for the substantive rules of decision."
Sanders
v.
Phoenix Ins. Co.
,
"[T]he construction of an insurance policy is a question of law ...."
Lind-Hernández
v.
Hosp. Episcopal San Lucas Guayama
,
As a general matter, in Massachusetts, 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.
,
Clark Sch. for Creative Learning, Inc.
v.
Phila. Indem. Ins. Co.
,
However, where "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. Liab. Ins. Co.
v.
Benchmark Constr. Servs., Inc.
,
It is also a principle of Massachusetts law that "[m]ore specific contract terms ordinarily control over more general contract terms."
Davis
v.
Dawson, Inc.
,
B. Definition of "Decay"
The parties agree that we must first determine whether the hidden decay section of the Additional Coverage - Collapse provision applies. If the ceiling collapse is covered by that section, or if the language is ambiguous with respect to coverage, then the general Faulty Construction and Wear and Tear Exclusions are inapplicable. The parties further agree that the nail withdrawal was "hidden," so that the disposition of this case turns at the outset on the definition and application of the word "decay."
As we have said, the Policy does not define "decay." In such circumstances, "courts often look to dictionaries for assistance in determining ordinary meaning."
Fed. Ins. Co.
v.
Raytheon Co.
,
The district court held that "[t]he most reasonable reading of the word 'decay' as it is used in the Policy is that it refers to the broader concept of the word."
Easthampton
,
We agree with the district court's decision, although not its reasoning. As used in the Policy, the word "decay" could plausibly be read to mean either "progressive decline" or "rot." Accordingly, its meaning is ambiguous and that ambiguity must be resolved in the Church's favor.
3
See
U.S. Liab. Ins. Co.
,
We note that other courts have resolved this issue in the same way. For example, in
Stamm Theatres, Inc.
v.
Hartford Cas. Ins. Co.
,
The Insurance Company raises a variety of arguments in response, none of which are availing. First, it suggests that the cases the district court relied upon were inapposite because the " 'decay' that was the actual subject of each [case] was uniformly, and more narrowly, associated with a discrete physical impairment to the material quality of a component of the collapsed property." However, that argument does nothing to refute the core holding of the cited cases -- namely, that those "physical impairments" were covered because they fell within a broader definition of "decay" that included gradual degradation.
Second, the Insurance Company complains that the district court's chosen definition would encompass all collapses, because "it is difficult to imagine
any
collapse, of
any
structure, being caused by
something other than 'decay.' " But, even if the Insurance Company did not intend to provide coverage for collapses like the one in question, that is a self-inflicted problem. The Insurance Company, which wrote the Policy, could simply have defined "decay" narrowly or limited the coverage period. Despite the Insurance Company's protestations, our interpretation of the Policy would not result in coverage for all collapses. As the district court correctly noted, "[t]he insured still has to prove that one of the ... 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."
Easthampton
,
Finally, the Insurance Company argues that the district court's decision "cannot be reconciled with [the First Circuit's] opinion in
Parker
v.
Worcester Ins. Co.
,
The district court granted summary judgment for the insurer, finding that the claim was time-barred.
Here, because the second and third layers of the ceiling were never fastened to the joists, the Insurance Company argues that the collapse was attributable to defective workmanship and that the above-quoted dicta from Parker compels reversal. It argues that to do otherwise would be to "sneak in through the backdoor of coverage in the guise of 'hidden decay.' " In support, the Insurance Company claims that "[t]he policy language in the two [cases] is essentially the same."
Even ignoring the fact that the cited language was dicta, which is not binding, there are important distinctions between
Parker
and this case. In
Parker
, the insurer limited coverage for collapses attributable to "defective material or methods" only to situations where the collapse occurred "
during
construction."
IV. Conclusion
Because ambiguities in the Policy result in coverage for the collapse, we need not consider the application of the general exclusions. For the foregoing reasons, the judgment of the district court is AFFIRMED. Costs are awarded to the Church.
The Insurance Company did not cite the exclusions for "wear and tear" and for "any quality in property that causes it to damage or destroy itself" in its letters to the Church denying coverage, though it did raise them before the district court.
The Church is an organization located in Easthampton, Massachusetts; the Insurance Company is a corporation with its principal place of business in Merrill, Wisconsin; and the amount in controversy exceeds $75,000.
Neither party argued that the term was ambiguous at the district court. However, on appeal, the Church appears to have raised an ambiguity argument.
It is also a principle that contract terms should be construed in their plain and ordinary meaning.
AIG Prop. Cas. Co.
,
In Connecticut, a property owner may file a claim for collapse "as soon as structural integrity is substantially impaired."
Parker
,
In
Parker
, although the case was filed in Massachusetts, the parties agreed that Connecticut law controlled.
Reference
- Full Case Name
- EASTHAMPTON CONGREGATIONAL CHURCH, Plaintiff, Appellee, v. CHURCH MUTUAL INSURANCE COMPANY, Defendant, Appellant.
- Cited By
- 28 cases
- Status
- Published