McCants, Terraine v. State Farm Fire & Casualty Company
Jul 22, 2015OUTCOME: Judment in the amount of $412,389.30 (not counting the 5% interest on said judgment amount commencing January 24, 2014 through July 2015.
This case arises out of a fire loss that occurred at the insured premises located at 197-199 Bond Street, Hartford, Connecticut on April 19, 2009 (the “insured premises”). State Farm refused to provide ... coverage by claiming in its denial letter that its “investigation has concluded that you do not reside in home as required by the policy of insurance.” State Farm relies on the portion of the Insurance Policy limiting coverage to the insured’s "residence premises” as a basis to deny coverage. As set forth below, the Plaintiff has performed in accordance with the Insurance Policy and, at trial, the evidence clearly demonstrated that the insured premises was the Plaintiff’s “residence premises” at the time of the fire. As a result, on January 24, 2014, the Trial Court issued its decision (Vacchelli, J.) in favor of Plaintiff/Appellee Terrain McCants. State Farm appealed the decision of the Trial Court to the Appellate Court on March 11, 2014. The appeal was tried before the Appellate Court on January 7, 2015 and the Appellate Court denied the appeal and upheld the decision of the Trial Court by Opinion dated June 2, 2015 (Beach, J.) (hereinafter the “App. Court Opinion”) Thereafter, State Farm filed a Petition for Certification to the Supreme Court- but The Appellate Court properly held that the Trial Court properly found that the Plaintiff was residing at the insured premises on the day of the fire and, as such, the Supreme Court denied State Farm's Petition on 07/22/2015.
