Nash Street, LLC v. Main Street America Assurance Co.

Citations

• 337 Conn. 1

Syllabus

The plaintiff sought to recover proceeds allegedly due under a commercial general liability insurance policy issued by the defendant insurer to its insured, B Co. The plaintiff contracted with B Co. to renovate the plain- tiff's damaged house, including site grading and foundation work, which involved, inter alia, the lifting of the house off of the foundation. The house collapsed after it was lifted by B Co.'s subcontractor. At the time of the collapse, the only work being performed on the house was related to the lifting. The plaintiff brought a separate action against B Co. for property damage arising from the collapse. B Co. tendered defense of the case to the defendant pursuant to the insurance policy, and the defendant declined to defend. The plaintiff subsequently brought the present action against the defendant, seeking recovery under a default judgment that the plaintiff had secured against B Co. in the separate action. The trial court granted the defendant's motion for summary judgment and rendered judgment thereon, concluding that the defendant had no duty to defend or to indemnify B Co. based on the applicability of two provisions in the insurance policy excluding coverage for property damage to ''that particular part of real property'' on which the insured or anyone working on the insured's behalf is ''performing operations if the property damage arises out of those operations'' and for property The listing of justices reflects their seniority status on this court as of the date of oral argument. 1 2 JUNE, 2021 337 Conn. 1 Nash Street, LLC v. Main Street America Assurance Co. damage to ''that particular part of any property that must be restored, repaired or replaced because'' the insured's work ''was incorrectly per- formed on it.'' The plaintiff thereafter appealed, claiming that the trial court improperly granted the defendant's motion for summary judgment because, at the time B Co. tendered defense of the case to the defendant, there existed at leas