Higgins v. Connecticut Fire Insurance Company

Opinion by

John N. Mabry. *

The parties occupy the same relative positions they had in the district court, where the plaintiffs unsuccessfully sought damages for the alleged “collapse” of their dwelling. Reference to the litigants will be made as plaintiffs and defendant, or by name. The case was tried to the court.

Plaintiffs, a few weeks after moving into their new home, observed hairline cracks in a lower wall. After a few months, cracks by separation appeared around one or more doors and windows, and a slight upheaval appeared in the basement floor. The cracks increased in number and size…