Barry, Barall & Spinella, LLC Announces class action against homeowners’ insurance companies and Insurance Services Office for common scheme to deny Mottes bad concrete claims

February 1, 2016

On January 29, 2016 Barry, Barall & Spinella, LLC filed a class action lawsuit in federal court against 111 out-of-state homeowners' insurance companies and the association to which they belong, Insurance Services Office, Inc. The lawsuit alleges that the Insurance Companies and Insurance Services Office have engaged in a concerted scheme to deny scores of homeowners' meritorious insurance claims for their failing concrete basement walls. While on notice of defective concrete claims in the area, the lawsuit alleges, that the Insurance Companies and Insurance Services Office deliberately changed the language of insurance policies to avoid liability for potential claims. The suit alleges that the only remedy for those homeowners affected by the defective concrete is, as a matter of science, to replace their basement walls. The lawsuit alleges that the Insurance Companies breached their contracts with their insureds; violated the Connecticut Unfair Insurance Practices Act by failing to attempt in good faith to effectuate prompt and fair settlements in which liability has become reasonably clear, and; violated the Connecticut Unfair Trade Practices Act by their industry-wide practice of denying meritorious claims based on their misleading, deceptive, delayed and unscrupulous denials.

Homeowners whose homes were built between 1984 and 1998 and whose basement walls were built by J.J. Mottes and/or are showing signs of 'pattern cracking' are encouraged to contact Barry, Barall & Spinella, LLC for information concerning the litigation.

The plaintiffs are represented by Ryan P. Barry and Anthony Spinella, Jr. [Complaint Details - PDF]