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
