ALEXANDER BARDIS, ET AL. VS. KITTY STINSON, ET AL. A-3454-12T3
(NEWLY PUBLISHED OPINION FOR FEBRUARY 19, 2016)Plaintiffs Alexander Bardis and Monica Bardis appeal from the January 25, 2013 Law Division order granting summary judgment in favor of defendants Kitty Stinson, Stinson Claims Services (collectively Stinson), and Cumberland Insurance Group (Cumberland) (collectively Defendants). The trial court found there was no coverage under plaintiffs' homeowner's insurance policy for the collapsed basement wall and other damages to their home allegedly caused by "hidden decay." The court also rejected plaintiffs' argument that "hidden defects" allegedly resulting from the faulty construction meant the same as "hidden decay," and were thereby covered losses under the policy. We find a question of fact regarding causation, and ultimately coverage, and therefore, reverse and remand.
Judge Sapp-Peterson respectfully dissents, reasoning there is no ambiguity in the terms of the commercial dwelling policy issued to plaintiffs