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Nuzzo & Roberts publishes quarterly newsletters with analysis of recent superior and appellate court case law relevant to the interests of our clients. The newsletters include case details as well as editorial comment, and keep our clients abreast of important changes and developments in Connecticut law.

We currently publish the following newsletters:

General Newsletter
Professional Liability Newsletter
Workers' Compensation Newsletter
Insurance Coverage & Bad Faith


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All rights reserved. These materials may not be reproduced without permission from Nuzzo & Roberts, L.L.C. Additional copies may be requested by contacting us.

These newsletters are designed to provide general information prepared by professionals regarding the subject matter covered. The information contained therein is not and should not be interpreted as legal opinions or legal advice. The discussions of each of the cases, issues and other statures are merely summaries and do not purport to be a full analysis thereof. Moreover, the information may not be completely up to date, as new cases may have been decided and statutes amended since the publication of the newsletters. These newsletters should not be utilized as a substitute for professional service, as the applicability of the law may vary for each factual scenario. Contact us if legal advice is required.
Category: GENERAL
Issue: Autumn 2013   View in PDF
Topics covered include:
* Calculating Fees with Multiple Claims
* Law Update - Connecticut Supreme Court Affirms Disposal of CUTPA Claim Lacking Evidence of "Ascertainable Loss" - Connecticut Supreme Court Clarifies Damages Available for Unlawful Tree Removal - Appellate Court Affirms No Emotional Distress Claim Allowed Against Hospital
* Firm News - Roberts Wins Arbitration for Buyer of Electric Utility
Category: GENERAL
Issue: Spring 2013   View in PDF
Topics covered include:
* The Growing Role of Social Media in Litigation
* Law Update
Category: GENERAL
Issue: Autumn 2012   View in PDF
Topics covered include:
* Avoid Settlement Pitfalls
* Law Update
* Firm News
Category: GENERAL
Issue: Summer 2012   View in PDF
Topics covered include:
* Common-Law Indemnity: What is "The Situation?"
* Law Update
* Firm News
* Claims Handling Tip
* Have You Enrolled in E-mail Invoicing Yet?
Category: GENERAL
Issue: Spring 2012   View in PDF
Topics covered include:
* Liability Releases: Valid or Not?
* Law Update
* Firm News
* Surveillance Tip
* Enroll in E-mail Invoicing!
Category: GENERAL
Issue: Autumn 2011   View in PDF
Topics covered include:
* Worksite Accidents: It's All About Control
* Law Update
* Firm News
* Bar Association News
Category: GENERAL
Issue: Spring 2011   View in PDF
Topics covered include:
* Mode of Operation: An Emerging Doctrine
* Law Update
* Legal Quiz
* Pitfalls of No Reservation of Rights
* Firm News
Category: GENERAL
Issue: Winter 2011   View in PDF
Topics covered include:
* What's Going On With the Ongoing Storm Rule?
* Law Update
* Legal Quiz
* OMG!
* Did You Know?
* Firm News
* Bar Association News
Category: GENERAL
Issue: October/November 2010   View in PDF
Topics covered include:
* Premises Liability - Connecticut Supreme Court Limits Mode of Operation Theory - Court Improperly Admitted Subsequent Remedial Measures - Judgment for Plaintiff in Premises Liability Trial - No duty of Landlord to Remove Snow and Ice Under Lease - Trial Court Decision Granting Summary Judgment Reversed
* Firm News - Ryan Scully Wins Summary Judgment in Death Case
Category: GENERAL
Issue: August/September 2010   View in PDF
Topics covered include:
* Dog Bite Liability - Appellate Court Allows Common Law Dog Bite Claim Against Landlord
* Governmental Immunity - Appellate Court Affirms Narrow Application of Governmental Immunity - Appellate Court Requires that Exception to Governmental Immunity be Pled
* Ongoing Storm Defense - Appellate Court Reverses Judgment Where Trial Court Did Not Give Ongoing Storm Instruction to Jury
* Sovereign Immunity - Appellate Court Upholds Trial Court's Dismissal of Case Against DMV Commissioner
* Trial Practice: Motion to Set Aside Verdict - Appellate Court Reverses Trial Court's Setting Aside Defense Verdict
* Firm News - Attorneys Nicole Chomiak and Stacey Pitcher Win Appeal in Death Case - Angeline Ioannou Obtains Defense Verdict - Nuzzo & Roberts, L.L.C. Hires Two Associates
Category: GENERAL
Issue: June/July 2010   View in PDF
Topics covered include:
* Vehicle Lessor Liability - Connecticut Supreme Court Holds that Graves Amendment Preempts State Statute Regarding Lessor Vicarious Liability
* Premises Liability - Parking Lot Owner Does Not Owe Duty of Care to Car Accident Victim Where Owner Does Not Retain Control of Lot Under Lease
* Negligence Per Se - Crossing a Median into Oncoming Traffic in Violation of Statute Requiring Keeping Vehicle in Proper Lane is Negligence Per Se for Which Plaintiff's Carrier is Liable Pursuant to Uninsured Motorist Coverage
* Slip and Fall - Appellate Court Reverses Grant of Summary Judgment With Fact Dispute as to Whether Plaintiff Slipped on New or Old Ice
* Trial Practice: Jury Polling - Connecticut Supreme Court Holds that Violation of Rule Requiring Juror Polling Upon Request Only Requires Reversal if Harmful
* Offer of Judgment - Connecticut Supreme Court Holds Substituted Plaintiff is Entitled to Offer of Judgment Interest Accrued from the Substitution
Category: GENERAL
Issue: May 2010   View in PDF
Topics covered include:
* Municipal Liability - Plaintiff May Be Negligent Per Se Walking in Street Not Sidewalk - Municipality Only Liable for Nuisance Created by Its Positive Act
* Product Liability - Failure to Give Proper Oral Instructions Properly Pled as Product Liability Claim
* Expert Testimony - Preclusion of Expert is Harmless Error With No Showing of What Testimony Would Have Added
* Uninsured Motorist - Injuries During Rescue Attempt After an Accident are Recoverable From Plaintiff's UM Carrier
* Breach of Contract - Intentional Breach of Contract Does Not Negate Substantial Performance
* Firm News - Nicole Chomiak Prevails At Trial - Angeline Ioannou and Kelly Gaertner Win Summary Judgment
Category: GENERAL
Issue: April 2010   View in PDF
Topics covered include:
* Governmental Immunity - Connecticut Supreme Court Rules that Plaintiff's Action Against the City is Barred by Governmental Immunity - Connecticut Supreme Court Upholds Summary Judgment in Favor of Town Pursuant to Governmental Immunity
* Workers' Compensation Immunity - Nuzzo & Roberts Disposes of Case Against its Client Where Connecticut Trial Court Recognized Dual-Employer Doctrine
* Prejudgment Remedies - A Vexatious Litigation Claim Cannot be Based on a Denied Application for Prejudgment Remedy
* Discovery - District Court Forces Plaintiff to Disclose Facebook Pages to Defendant
* Firm News
Category: GENERAL
Issue: October/November 2009   View in PDF
Topics covered include:
* Trial Practice and Procedure - Connecticut Supreme Court Remands for Remittitur Where Jury Verdict Exceeds Experts' Calculations - Plaintiffs Waived Right to Appellate Review of Defense Counsel's Reference to Lottery in Closing Argument
* Liquor Liability - Social Host May Be Liable for Negligent Service of Alcohol to an Adult
* Accidental Failure of Suit - Action Withdrawn for an Acknowledged Lack of Jurisdiction Can Be Saved by the Accidental Failure of Suit Statute
* Firm News
Category: GENERAL
Issue: August/September 2009   View in PDF
Topics covered include:
* Liquor Liability - Derivative Claims Not Permitted Under the Dram Shop Act - Friends Who Let Their Friend Drive Drunk May Be Liable
* Equitable Setoffs - Plaintiff Has Burden of Proving Bill Write-offs Were Voluntarily Forgiven
* Emotional Distress - Court Allows Bystander Emotional Distress Claim for a Pet's Death
* Firm News
* Did You Know?
Category: GENERAL
Issue: July 2009   View in PDF
Topics covered include:
* City's Statutory Duty to Maintain Public Highways is Nondelegable
* Landowner Owes No Duty to a Plaintiff Who Falls on Land Abutting Sidewalk Where Landowner Did Not Create an Excavation or Artificial Structure
* Supreme Court Holds that the Superseding Cause Doctrine Remains a Viable Defense to Intentional or Criminal Acts by Another Tort-feasor
* Defendant Precluded From Filing Special Defense of Comparative Negligence Against Child's Parent
Category: GENERAL
Issue: May/June 2009   View in PDF
Topics covered include:
* Product Liability - Supreme Court Permits Commercial Loss Claim in Product Liability Case - Connecticut Product Liability Claim Preempted by Federal Law
* Settlement - Penalties Imposed for Settlement Check Five Days Late
* Negligence - Jury Charged with Attractive Nuisance
* Firm News
Category: GENERAL
Issue: March/April 2009   View in PDF
Topics covered include:
* Apportionment Complaint Allowed after 120 Day Deadline Passed
* Offer of Compromise can be Extended for Equitable Reasons
* Agreement to Arbitrate Does Not Deprive the Court of Subject Matter Jurisdiction
* Firm News
Category: GENERAL
Issue: January/February 2009   View in PDF
Topics covered include:
* Connecticut Appellate Court Upholds the Preclusion of Evidence of Second Surgery Due to Insufficient Expert Testimony
* Court Declines to Hold Tenant Liable to a Delivery Person Who Fell in a Common Area
* Summary Judgment Granted Where Plaintiff Failed to Prove Constructive Notice
* Firm News
Category: GENERAL
Issue: November/December 2008   View in PDF
Topics covered include:
* Connecticut Procedure - Connecticut Supreme Court Clarifies Whether an Ambiguous Offer of Judgment can be Enforced - Defendant Not Required to Bear Costs of Out-of-State Doctor for IME - Defendant Waived Statute of Limitations Defense by Failing to Plead Statute
* Product Liability - Special Defense of Complying with Design Specifications Recognized in Product Liability Action
* Premises Liability - Mode of Operation is Not an Independent Cause of Action
* Apportionment - Apportionment Claim Against Plaintiff's Insurer Improper When Only One Tortfeasor Involved
* Dog Bite - Supreme Court Holds that Landlords can be Liable at Common Law for Actions of a Tenant's Dog
* Firm News
Category: GENERAL
Issue: October 2008   View in PDF
Topics covered include:
* Experts - Supreme Court Holds Expert's Trial Preparation Time Not Reimbursable to Prevailing Party
* Discovery - Discovery of Defendant's Medical Conditions Permitted in Auto Accident Case
* Parental Liability - Proof of a Child's Intent to Cause the Specific Injury Required for Parental Liability Under § 52-572
* Emotional Distress - Lost Opportunity to Conceive Grounds for Infliction of Emotional Distress Claims
Category: GENERAL
Issue: September 2008   View in PDF
Topics covered include:
* Insurance Limits - Supreme Court Holds Bystander Emotional Distress Not a "Bodily Injury" Triggering "Per Accident" Provision of Policy
* Animal Liability - Condominium Association Not Liable for Common Area Dog Attack
* Apportionment - Court Extend Apportionment Deadline When Plaintiff Withdraws Claim
* Ongoing Storm - Property Owner Not Liable for Fall During Ongoing Storm Even When Snow Removal Started
Category: GENERAL
Issue: July/August 2008   View in PDF
Topics covered include:
* Evidence - Connecticut Supreme Court Holds Invocation of Privilege against Self-Incrimination May be Admissible in Civil Cases
* Underinsured Motorist - Offer of Judgment Interest Calculated on Judgment after Applicable Reductions and Not Full Award
* Municipal Liability - Burden to Remove Snow and Ice from Public Sidewalks Cannot be Shifted to State as Abutting Landowner
Category: GENERAL
Issue: May/June 2008   View in PDF
Topics covered include:
* Contractor Liability - Another Victory for General Contractors
* Reckless Statute - Statutory Recklessness Claim Does Not Survive Death of Defendant
* Animal Liability - Cat's Vicious Propensity Toward Other Cats Renders Owner Liability
* Premises Liability - Court Declines to Apply Unusual Circumstances Exception to Ongoing Storm Rule - Mode of Operation Rule Not Applied Retroactively When Trial Concluded
Category: GENERAL
Issue: March/April 2008   View in PDF
Topics covered include:
* Contractor Liability - Connecticut Supreme Court Overturns $41 Million Verdict
* Bill May Allow Apportionment of Withdrawn Defendant
* No Per Se Reduction from Jury Awards for Prior Settlements in Product Liability Cases
* Superior Court Recognizes Third-Party Spoliation Actions
* Bar Patron's Suicide is Unforeseeable Consequence of Wanton and Reckless Service of Alcohol
* Appellate Court Finds Plaintiff has No Burden to Provide Counter Affidavits to Defeat Summary Judgment
* Firm News
Category: GENERAL
Issue: February 2008   View in PDF
Topics covered include:
* Discovery Warning - Claims Files May be Discoverable
* Workers' Compensation - Motor Vehicle Exception to Workers' Compensation Exclusivity Does Not Provide for a Cause of Action in Recklessness
* Premises Liability - Firefighter's Rule Not Extended to Probation Officers - Control of Open House is Issue of Fact
* Strict Liability - Ultrahazardous Activity Must be Proximate Cause of Injury
* Tips
Category: GENERAL
Issue: January 2008   View in PDF
Topics covered include:
* Cause of Action for Enhanced Injury Recognized Where Defendant Intentionally Removes Seat Belts
* Sovereign Immunity Does Not Apply to Municipal Building Inspectors
* Defendants Are Not Precluded from Bringing Apportionment Complaints Based on Gross Negligence
* Boy Scouts of America Not Vicariously Liable for the Torts of Den Leaders
Category: GENERAL
Issue: November 2007   View in PDF
Topics covered include:
* Governmental Immunity - Supreme Court Strictly Construes the "Identifiable Person/Imminent Harm" Exception to Governmental Immunity
* Products Liability - Product Liability Act's Exclusivity Clause Bars Failure to Warn Claim Against Equipment Lessor
* Negligence - Vehicle Lessee Considered Owner Under C.G.S. § 52-183
Category: GENERAL
Issue: October 2007   View in PDF
Topics covered include:
* Discovery Alert - Connecticut Mandates Production of Surveillance Video to be Used at Trial
* Apportionment - Supreme Court Finds Apportionment Complaints Against Existing Parties Improper
* Defamation - First Impression: Supreme Court Holds Employment References Protected by Qualified Privilege When Released With Consent
* Municipal Liability - Claim Failed to Demonstrate Identifiable Person-Imminent Harm Exception
* Firm News
Category: GENERAL
Issue: September 2007   View in PDF
Topics covered include:
* Negligence Causation - No Causation Between Police Officer's Slip and Fall and Roaming Dog
* Dog Bite Statute - Plaintiff's Status as Keeper of Dog is Question of Fact for Jury
* Premises Liability - Recently Adopted "Mode of Operation Rule" Used to Deny Motion for Summary Judgment for Injuries Caused by Defective Shopping Cart
* School Liability - Defendant School and Teacher Owned Duty to Gym Class Participant
* Employer Liability - Appellate Court Holds Employer Not Liable for Withdrawing Written Offer of At-Will Employment Even if Relied Upon in Resigning From Existing Position
* Statutes of Limitation - Connecticut Time Period for Filing Discrimination Complaints Commences Upon Final Day of Employment, Not Upon Notice of Termination
* Tips
* Firm News
Category: GENERAL
Issue: July/August 2007   View in PDF
Topics covered include:
* Workers' Compensation Exclusivity - Exclusivity Provision Exception Requires Employer's Subjective Belief of Substantially Certain Injury
* Negligence Causation - No Causal Connection Between Failure to Arrest and Murder
* Hold Harmless Clause - Enforceability of Hold Harmless Clause an Issue of Fact
* HIPAA - Connecticut General Statute § 4-104 is Preempted by HIPAA
* Apportionment - Apportionment Complaint Against Independent Contractors Permitted
* Premises Liability - Owner Not Liable for Defective Premises
* Tips
* Firm News
Category: GENERAL
Issue: June 2007   View in PDF
Topics covered include:
* Summary Judgment - Appellate Court Affirms Granting of Summary Judgment Where No Contradictory Evidence was Presented
* Wrongful Discharge - Appellate Court Affirms Striking of Negligence Per Se Claim
* Jury Instructions - Supreme Court Requires Self-Defense Instruction in Claim of Assault Based on Negligence
* Apportionment - Superior Court Strikes Apportionment Claim Where No Duty is Alleged
* Common Law Indemnification - Superior Court Denies Motion to Strike Where Elements are Properly Pled
* Pleading - Superior Court Grants Motion to Strike Individual Paragraphs of a Single Count
Category: GENERAL
Issue: May 2007   View in PDF
Topics covered include:
* Lessor Liability - Superior Court Holds Graves Amendment Bars Recovery from Lessor for Vicarious Liability
* Workers' Compensation Exclusivity - Connecticut Appellate Court Affirms Trial Court's Disposal of Wrongful Death Claims Against Decedents' Employer
* Governmental Immunity - Supreme Court Holds that Denial of Motion to Dismiss Based on Governmental Immunity is not an Appealable Final Judgment
* Apportionment - Superior Court Allows Apportionment Complaint Against a Plaintiff to Stand
* Forseeability
* Summary Judgment - The United States Supreme Court Relies on Videotape Evidence in Holding that a Police Officer's Attempt to Terminate a Dangerous High-speed Car Chase that Threatens the Lives of Innocent Bystanders does not Violate the Fourth Amendment
Category: GENERAL
Issue: March/April 2007   View in PDF
Topics covered include:
* Premises Liability - Supreme Court Adopts "Mode of Operation" Rule - Supreme Court Declines to Change Connecticut's Premises Liability Law
* Abutting Landowners - The Supreme Court Affirms Summary Judgment Entered in Favor of City
* Governmental Immunity - Superior Court Declines to Extend Exception to Governmental Immunity - Superior Court Denies Summary Judgment Based on Hold Harmless Agreement - Superior Court Holds that Dog Bite Statute Applies to Sleeping Dog
Category: GENERAL
Issue: February 2007   View in PDF
Topics covered include:
* Notice - Supreme Court Affirms Directed Verdict in Favor of Defendant Based on Lack of Specific Notice
* Vicarious Liability
* Default - Appellate Court Reverses Trial Court Decision Barring Plaintiff's Recovery Based on Comparative Negligence Against Defaulted Defendants
* Apportionment - Superior Court Holds That a Shopping Mall may Successfully File an Apportionment Complaint Against a Snow Plow Contractor Where Ownership or Control of the Premises is at Issue
* Workers' Compensation - Appellate Court Holds That an Employee Cannot Maintain an Action in Negligence Against a Co-worker Where the Injury did not Occur as the Result of the Co-Worker's Negligent Operation of a Motor Vehicle
* Statutory Immunity - Appellate Court Affirms Summary Judgment in Favor of Defendant City Based on Statutory Immunity
Category: GENERAL
Issue: January 2007   View in PDF
Topics covered include:
* Apportionment - Supreme Court Permits Apportionment Complaint Served Beyond Mandatory 120-Day Time Limit
* Superior Court Finds No Waiver and Dismisses Late Filed Apportionment Complaint
* Proximate Cause - Supreme Court Affirms Directed Verdict for Defendant Where the Plaintiff Failed to Present Evidence of Proximate Cause
* Pleading - Superior Court Grants Summary Judgment Absent Objection
* Superior Court Finds that Complaint Sufficiently Alleges Agency Relationship
* Superior Court Finds that Basis for Apportionment Exists
* Insurance Coverage - Lessor of Motor Vehicle Not Liable Under C.G.S. §14-15a for Damages Caused by the Operation of Leased Vehicle by Lessee's Unlicensed 16-year-old Daughter
* Insurer May Waive Right to Rely on One-year Limitations Period in Property Policy Where Letters to Insured Could Leave Insured with Impression that it is Still Investigating the Claim
* Insurer was not Obligated to Notify Certificate Holder of Cancellation of the Policy and Owed No Duty to Certificate Holder by Virtue of the Certificate of Insurance
Category: GENERAL
Issue: November 2006   View in PDF
Topics covered include:
* Exculpatory Agreements - Supreme Court Finds that Exculpatory Agreements in the Employment Context Violate Public Policy
* Sanctions - Supreme Court Affirms Denial of Motion to Set Aside Default Where Defendants did not Show Good Cause to Set Aside
* Duty - Superior Court Finds that Insurance Agent Owes a Duty to Advise Clients on Appropriate Insurance Products
* Service of Process - Superior Court Grants Motion to Dismiss for Insufficient Service of Process
* Standing - Appellate Court Find that Plaintiff has Standing to Seek recovery of Funds Despite the Fact that Plaintiff Admittedly Stole the Funds
* News & Notes
* Reminders
Category: GENERAL
Issue: October 2006   View in PDF
Topics covered include:
* Exculpatory Agreements - Connecticut Supreme Court Rules that a Release of Liability in Favor of a Horse Riding Business is Against Public Policy
* Superior Court Finds Exculpatory Agreement Against Public Policy
* Apportionment - Superior Court Allows Landowner to Seek Apportionment Against an Independent Contractor
* Governmental Immunity - The Connecticut Supreme Court Reigns in an Exception to Governmental Immunity
* Superior Court Holds that a Municipality Did Not Exercise a Ministerial Duty by Failing to Properly Maintain Land
* Duty - Superior Court Finds that Security Company Did Not Owe the Plaintiff a Duty
* News & Notes
Category: GENERAL
Issue: September 2006   View in PDF
Topics covered include:
* Product Liability Act - The Connecticut Supreme Court Holds that an Employer Who has Intervened to Recoup Workers' Compensation Benefits is not a "Party" against which Proportional Liability May be Assigned under the Product Liability Act
* Summary Judgment - Superior Court Holds that Summary Judgment Granted in Favor of Plaintiff in Strict Liability Action Forecloses the Need to Prove Causation
* Superior Court Denies Plaintiff's Motion for Summary Judgment as to Liability in Negligence Action
* Notice - Technically Inapplicable Building Code Regulations Put Property Owner on Notice to Remedy Hidden Defect
* Competing Legal Doctrines - Workers' Compensation Exclusivity Provision Bars Plaintiff/Employee from Asserting Indemnification Rights against His Employer Even Though Assignment of Rights to Plaintiff/Employee was Valid
* Comparative Fault - Superior Court Reduces Plaintiff's Award by 35%
Category: GENERAL
Issue: August 2006   View in PDF
Topics covered include:
* Governmental Immunity - Appellate Court Finds that Mother of Child Attending After-School Program Satisfied Exception to Governmental Immunity
* Abutting Landowner Liability - Adjoining Landowner not Responsible for Injury Caused by Falling Tree
* Insurance Law - Connecticut Supreme Court Finds that Payment by Third Party under Uninsured Motorist Policy Should be Counted Toward Retained Limit of Umbrella Policy
* Legal Duty - Connecticut Appellate Court Finds that Duty was not Owed to Fairgoer Arising Out of Traffic Safety Plan
* Damages - Appellate Court Finds that Jury Properly Calculated Plaintiff's Loss of Earning Capacity
Category: GENERAL
Issue: July 2006   View in PDF
Topics covered include:
* Lessor Liability - Release Signed by Lessee Released Automobile Lessor
* Pleading & Procedure - Appellate Court Finds that Failure to Include Signature on Writ of Summons is Circumstantial Defect
* Superior Court Finds Negligent Supervision Claim Properly Pled
* Superior Court Holds that Complaint Fails to State Legally Sufficient Recklessness Claim
* Superior Court Denies Motion for Extension of Time as Untimely
* Superior Court Finds Issue of Fact as to When Plaintiff Realized that Defendant Owed a Duty
Category: GENERAL
Issue: June 2006   View in PDF
Topics covered include:
* Apportionment - Supreme Court Officially Holds That Non-Delegable Duty Bars Apportionment Claims against Contractors
* Superior Court Grants Motion to Dismiss Apportionment Complaint Served Beyond 120 Days from the Return Date of the Original Complaint
* Summary Judgment - Without Sufficient Evidence to Prove Constructive Notice, Superior Court Grants Summary Judgment
* Superior Court Finds Issue of Fact and Denies Summary Judgment
* Superior Court Denies Summary Judgment on Procedural and Substantive Grounds
* Pleading & Procedure - Superior Court Orders Plaintiff to Delete Unnecessary and Immaterial Allegations in Complaint
* Superior Court Finds That Plaintiff Failed to Sufficiently Plead All Elements of Cause of Action
Category: GENERAL
Issue: May 2006   View in PDF
Topics covered include:
* Contractor Liability - Superior Court Holds that Property Manager May be Liable for Acts of Independent Contractor
* Pleading - Two Judges Rule Consistently On Two Different Defendants' Separate Motions Challenging the Sufficiency of the Plaintiff's Recklessness Claims
* Apportionment - Superior Court Denies Motion to Strike Apportionment Complaint that Alleged Assault and Battery - Superior Court Strikes Counterclaim for Apportionment
* Uninsured/Underinsured Motorist Coverage - Superior Court Holds that the Plaintiff Could Not Recover Underinsured Motorist Benefits from Insurer of Husband's Employer
* Settlement Agreements - Superior Court Holds that a Party May Compel the Testimony of a Mediator in a Lawsuit Involving an Alleged Breach of a Settlement Agreement
Category: GENERAL
Issue: April 2006   View in PDF
Topics covered include:
* Waiver of Liability - Superior Court Extends the Supreme Court Holding in Hyson to Waivers for All Types of Activities Not Just Those Associated with Recreational Facilities
* Pleading - Superior Court Holds that Physical Injury Resulting Solely from Emotional Distress Can Only be Recovered under a Theory of Negligent Infliction of Emotional Distress as Opposed to a Standard Negligence Claim
* Dog Bite Statute - Appellate Court Holds that Employer/Landlord Did Not Exert Control over its Employee.s Dog Sufficient to Create Liability
* Civil Procedure - Superior Court Holds that Failure to Comply with Statute of Limitations Cannot be Resolved by a Motion to Dismiss and Must be Pleaded as a Special Defense
* Housing Discrimination - Superior Court Holds that Non-Disabled Persons Can Recover for Discrimination against their Associates and Allows Nominal Damages in Discrimination Actions
* CUTPA - On Reconsideration Superior Court Strikes CUTPA Claim against Former Bridgeport Mayor Where There Was No Allegation that He Was Acting in the Scope of His Primary Trade or Commerce
Category: GENERAL
Issue: March 2006   View in PDF
Topics covered include:
* Damages - Connecticut Supreme Court Rules that a Plaintiff is Not Entitled to Nominal Damages in Negligence Action Where the Defendant Admits Liability but Denies Having Caused the Plaintiff's Injuries
* Uninsured/Underinsured Motorist Coverage - Supreme Court Interprets Statute Regarding Reduction of Uninsured Motorist Benefits
* CUTPA/CUIPA - Appellate Court Rules on Whether a Third Party to an Insurance Contract Can Bring Claims for Breach of the Covenant of Good Faith and Fair Dealing or Violation of CUIPA/CUTPA
* Uninsured/Underinsured Motorists Coverage - Superior Court Invalidates Policy's Statute of Limitations Provision for Underinsured Motorist Claim
* Pleadings - Superior Court Strikes Special Defense for Failure to Allege Supporting Facts
* Defamation - Superior Court Finds that Newspaper Article was Not Defamatory
Category: GENERAL
Issue: February 2006   View in PDF
Topics covered include:
* Workers' Compensation Act Exclusivity - Supreme Court Finds that Plaintiff's Complaint is Barred by Exclusivity and Affirms Granting of Motion to Strike - Superior Court Grants Summary Judgment Finding that Plaintiff's Claims are Barred by Exclusivity
* Premises Liability - Superior Court Finds Issue of Fact as to Possession and Control and Denies Defendant's Motion for Summary Judgment
* Vicarious Liability - Superior Court Grants Rental Car Company's Motion for Summary Judgment after Plaintiff Released the Operator of the Vehicle
* Accord and Satisfaction - Superior Court Grants Summary Judgment after Finding that Defendant Accepted and Cashed a Purported Settlement Check
* Deposition Fees - Superior Court Holds that it has No Jurisdiction to Hear a Motion for Contempt after Case has been Withdrawn
* Stay of Civil Action - Superior Court Stays Proceedings Pending Outcome of Defendant's Criminal Action
Category: GENERAL
Issue: January 2006   View in PDF
Topics covered include:
* Pleadings and Damages - Appellate Court Reverses Judgment of Trial Court and Finds That Plaintiff Sufficiently Alleged Claim for Breach of Contract
* Negligence - Appellate Court Reverses Judgment of Trial Court for Lack of Evidentiary Support
* Apportionment - Superior Court Strikes Apportionment Complaint Finding That it is Barred by Non-Delegable Duty Doctrine
* Summary Judgments - Superior Court Grants Summary Judgment Where Opposing Parties Failed to Present Evidence to Establish Existence of a Genuine Issue of Material Fact
* Appellate Procedure - Appellate Court Denies Motion to Open Judgment Because Record was Insufficient
* Personal Jurisdiction - Superior Court Dismisses Action for Improper Service of Process
Category: GENERAL
Issue: December 2005   View in PDF
Topics covered include:
* Exculpatory Agreements & Recreational Facilities - The Connecticut Supreme Court Holds that Exculpatory Agreement Signed by Ski Resort Patron Violates Public Policy and is Unenforceable
* Additur - The Appellate Court Reverses Trial Court's Additur of Noneconomic Damages - The Appellate Court Reverses Trial Court's Denial of Additur of Noneconomic Damages
* Counterclaims & Workers' Compensation Exclusivity - Trial Court Denies Motion to Strike Counterclaim for Indemnity against Plaintiff's Employer
* Apportionment - Trial Court Denies Motion to Dismiss Apportionment Complaint Brought Beyond 120 Days from the Return Date of the Plaintiff's Original Complaint
Category: GENERAL
Issue: November 2005   View in PDF
Topics covered include:
* Expert Witnesses - Appellate Court Affirms Granting of Summary Judgment Where Plaintiff was Precluded from Offering Expert Testimony on Causation
* Summary Judgment - Appellate Court Affirms Granting of Summary Judgment Where Plaintiff's Affidavit Contained Insufficient Facts to Contradict Those in Defendant's Affidavit
* Judicial Economy - Superior Court Treats Motion to Strike as Request to Revise
* Special Defenses - Superior Court Denies Motion to Strike Special Defense of Superseding Intentional Criminal Act
* Statute of Limitations - Superior Court Holds that Tolling of Statute of Limitations Suspends the Time in which an Action Must be Brought but Does Not Start the Limitations Period Anew
Category: GENERAL
Issue: October 2005   View in PDF
Topics covered include:
* Uninsured/Underinsured Motorist - Supreme Court Holds that Settlement Proceeds from Legal Malpractice Action are Deducted from Underinsured Motorist Coverage
* Wrong Defendant Statute - Supreme Court Affirms Holding that Plaintiff's Action is Barred by Statute of Limitations and Not Saved by C.G.S. § 52-593
* Proximate Cause - Appellate Court Affirms Judgment of Dismissal Entered in Favor of Defendants after Plaintiff's Case-in-Chief
* Connecticut Unfair Trade Practices Act - Superior Court Extends Rule that CUTPA Claims in Legal and Medical Malpractice Actions are Limited to the Entrepreneurial and Commercial Aspects of the Professions
* Pleading & Procedure - Superior Court Denies Motion for Summary Judgment which was Based on Exclusivity of Workers' Compensation Act - Superior Court Grants Intervening Employer's Motion to Strike Counterclaim for Indemnity
Category: GENERAL
Issue: September 2005   View in PDF
Topics covered include:
* Statute of Limitations/Relation Back Doctrine - Appellate Court Affirms Holding that Suit against Defendant's Employer is Barred by Statute of Limitations
* Uninsured Motorist Law - Supreme Court Finds that Plaintiff Exhausted Uninsured Motorist Coverage Despite Settling for Less Than Full Amount of Policy
* Apportionment - Superior Court Strikes Cross-claim for Apportionment
* Firm News
Category: GENERAL
Issue: August 2005   View in PDF
Topics covered include:
* Insurer's Duty to Defend - Supreme Court Reverses Holding that Premises Liability Insurer Did Not Have a Duty to Defend
* Service of Process - Superior Court Grants Motion to Dismiss for Insufficient Service of Process
* Negligent Service of Alcohol to a Minor - Appellate Court Finds that Tavern is Not Liable for Entirely Unforeseen Results of Serving Alcohol to a Minor
* Dog Bite Statute - Superior Court Grants Summary Judgment in Favor of Defendant Homeowner on Ground that He was Not Keeper of Visitor's Dog
* At-Will Employees - Superior Court Holds that Sales Person with Employment Agreement to Guarantee Six Months at a Minimum Salary is an At-Will Employee
* Premises Liability - Superior Court Grants Summary Judgment Where the Evidence was Insufficient to Create Any Genuine Issues of Fact Regarding Control over the Area
Category: GENERAL
Issue: July 2005   View in PDF
Topics covered include:
* Default Judgments - Appellate Court Affirms Denial of Untimely Motion to Set Aside Judgment of Default
* Premises Liability - Superior Court Denies Motion for Summary Judgment Based on Lack of Notice, Where Defendant Was Alleged to Have Created Defect
* Accidental Failure of Suit - Appellate Court Affirms Granting of Summary Judgment Where Second Action Was Commenced More Than One Year after First Action Terminated
* Informed Consent - Appellate Court Affirms Jury Verdict Finding Dentist Failed to Provide Informed Consent
* Defamation - Superior Court Strikes Defamation Claims Where Complaint Did Not Identify What Statements Were Defamatory
* Service of Process - Superior Court Denies Motion to Dismiss for Insufficient Service of Process
Category: GENERAL
Issue: June 2005   View in PDF
Topics covered include:
* Governmental Immunity - Supreme Court Refuses to Extend Narrow Exception to Governmental Immunity Defense
* Discovery Sanctions - Appellate Court Holds that Entry of Nonsuit for Failure to Comply with Discovery is Too Drastic
* Connecticut Unfair Trade Practices Act (CUTPA) - Superior Court Allows CUTPA Claim in Tenant's Slip and Fall Action against Landlord
* Relation-Back Doctrine - Court Holds that Proposed Amendment in Complaint States New Cause of Action and is Barred by the Statute of Limitations
* Comparative Negligence - Plaintiff's Percentage of Comparative Fault Bars Recovery
* Apportionment - Superior Court Dismisses Apportionment Complaint Because It was not Filed within 120 Days of the Return Date of the Original Complaint
Category: GENERAL
Issue: May 2005   View in PDF
Topics covered include:
* Bad Faith and Workers' Compensation - Supreme Court Holds that Bad Faith Claims against Employer's Workers' Compensation Insurer are Barred by Exclusivity
* Damages & Stare Decisis - Appellate Court Upholds Award of Nominal Damages and Statutory Costs
* Independent Medical Examinations - Superior Court Orders Plaintiff to Provide List of Five Physicians of Choice for Independent Medical Examination
* Premises Liability - Tenant's Lack of Control Was Basis for Granting Summary Judgment in Trip and Fall Case
* Pleading & Procedure - Failure to Appeal Granting of Motion to Strike Waives Right to Challenge Ruling When Complaint is Amended and Stricken a Second Time - "Unavoidable Accident" Defense to be Raised as General Denial Rather than as Special Defense
Category: GENERAL
Issue: April 2005   View in PDF
Topics covered include:
* Award of Attorney's Fees - Court Upholds Award of Attorney's Fees in Excess of the Amount of the Plaintiff's Recovery to Deter Defense Counsel from Transferring Small Claims to the Regular Docket
* Premises Liability - Court Holds Parking Lot Owner Liable to Plaintiff for Intentional Assault by Third Party
* Negligent Service of Alcohol by Social Host - Superior Court Denies Motion to Strike Negligent and Reckless Service of Alcohol Claims against Social Host
* Governmental Immunity - Appellate Court Finds That the Plaintiff Was Not A Foreseeable Victim of Harm, and, Therefore, Did Not Qualify under Any Exception to Governmental Immunity
Category: GENERAL
Issue: March 2005   View in PDF
Topics covered include:
* Infliction of Emotional Distress - Appellate Court Holds that Extreme and Outrageous Conduct does not Need to be Alleged for a Claim of Negligent Infliction of Emotional Distress
* Attorney-Client Privilege - Supreme Court Reserves Trial Court's Ruling Granting Plaintiff/Insured's Bill of Discovery as to Defendant/Insurer's Claims File
* Underinsured Motorist Coverage - Appellate Court Finds that Injured Employee is not Entitled to Underinsured Motorist Benefits Under Employer's Policy
* Premises Liability - Property Owner Can Be Liable for Third Party's Assault and Battery
* Accidental Failure of Suit - Suit Reinstated Under Statute, Despite Never Officially Being Commenced
Category: GENERAL
Issue: February 2005   View in PDF
Topics covered include:
* Wrongful Defendant Statute - Superior Court Denies Motion for Summary Judgment on Statute of Limitations Grounds Where Subsequent Action was Brought Pursuant to C.G.S. § 52-593
* Deposition Venues - Superior Court Holds That Out-of-state Defendant And His Non-party Wife Cannot be Compelled to Come to Connecticut for Depositions
* Trespass - Superior Court Classifies Plaintiff As A Trespasser Because She Parked Her Vehicle in An Unauthorized Spot while Visiting Her Friend At A Condominium Complex
* Employment Discrimination - Connecticut Supreme Court Holds That Discrimination Claim Fails As A Matter of Law Due to the Existence of A Non-discriminatory Reason for Employer's Action
* Bystander Emotional Distress - Superior Court Strikes Bystander Emotional Distress Claim Finding That the "Closely Related" Element for the Claim Had Not Been Met
Category: GENERAL
Issue: January 2005   View in PDF
Topics covered include:
* Bystander Emotional Distress-Superior Court Denies Motion to Strike Emotional Distress Claim of Mother for Negligent Treatment of Her Fetus during Birth
* Negligence-Superior Court Grants Summary Judgment in Favor of Stationary Middle Vehicle in Three Vehicle Accident
* Expert Fees
* Independent Medical Exam
* Apportionment
Category: GENERAL
Issue: October 2004   View in PDF
Topics covered include:
* Statute of Limitations--Supreme Court Extends Two Year Statute of Limitations When Tortfeasor is Unknown
* Collateral Source Setoffs--Two Recent Decisions Discuss Whether A Plaintiff Can Benefit When A Health Care Provider Accepts Partial Payment
* Apportionment
* Liability Waivers
Category: GENERAL
Issue: August/September 2004   View in PDF
Topics covered include:
* Court Trial
* Emotional Distress
* Underinsured Motorist-Recovery Limited to Policy Limit Less Setoffs
* Trial Issues-Superior Court Decision Addresses Trial and Post-Trial Issues
Category: GENERAL
Issue: June/July 2004   View in PDF
Topics covered include:
* Uninsured Motorist
* Independent Medical Examination
* Agency
* Subrogation-Supreme Court Holds That Insurer Can Subrogate against Negligent Houseguest of Insured
* Insurance Coverage-Supreme Court Reverses Summary Judgment for Insurer Where There is Question of Fact as to Insured's State of Mind
Category: GENERAL
Issue: May 2004   View in PDF
Topics covered include:
* Lessor Liability
* Apportionment
* Workers' Compensation Exclusivity
* Collateral Source Setoff-Supreme Court Further Clarifies Procedure for Obtaining Collateral Source Setoff
* Duty to Defend and Indemnify-Supreme Court Holds No Duty to Indemnify Where Court Previously Found No Duty to Defend
Category: GENERAL
Issue: April 2004   View in PDF
Topics covered include:
* Uninsured Motorist
* Expert Fees
* Trial-Appellate Court Holds That Jury Must Award Nominal Damages When Liability is Admitted
* HIPAA-Recent Health Insurance Act Showing Effect on Insurance Defense Litigation
Category: GENERAL
Issue: February/March 2004   View in PDF
Topics covered include:
* Workers' Compensation Exclusivity
* Damages
* Loss of Consortium
* Additur-Appellate Court Upholds Additur by Trial Judge
* Firefighter's Rule-Supreme Court Clarifies that Firefighter's Rule Applies Only to Premises Liability Cases
Category: GENERAL
Issue: January 2004   View in PDF
Topics covered include:
* Dog Bite
* Psychological Records
* Bad Faith-Court Permits Bill of Discovery to Obtain Testimony and Documents to Support Potential Bad Faith Claim
* Collateral Source-Supreme Court Holds Collateral Source Setoff Applies Only to Damages Specifically Awarded by Jury
Category: GENERAL
Issue: November/December 2003   View in PDF
Topics covered include:
* Coverage
* Signed Release
* Legal Malpractice-Judge Can Assess Standard of Care in Absence of Expert Testimony
* Vicarious Liability-Owner of Motor Vehicle not Vicariously Liable for Punitive Damages
Category: GENERAL
Issue: September 2003   View in PDF
Topics covered include:
* Med-Pay Coverage
* Workers' Compensation
* Contractor Liability
* Dram Shop Claims and Negligence-Amendment to Dram Shop Statute is Not Retroactive
* Legal Malpractice-Six-year Statute of Limitations Does Not Apply to Negligence Allegations
Category: GENERAL
Issue: July/August 2003   View in PDF
Topics covered include:
* Coverage
* Employer Liability
* Lessor Liability
* Dram Shop-Amendments to Complaints Asserting Common Law Cause of Action Relate Back to Filing of Original Complaint
* Contractor Liability-General Contractor May Be Liable in Negligence to Employee of Subcontractor
Category: GENERAL
Issue: June 2003   View in PDF
Topics covered include:
* Third-Party Bad Faith
* Coverage/Uninsured Motorist
* Uninsured Motorist-Two Recent Cases Address a Municipality's UM/UIM Coverage
* Offer of Judgment-Offer of Judgment Interest is Based on the Amount of the Jury Verdict before Payment of the Workers' Compensation Lien
Category: GENERAL
Issue: May 2003   View in PDF
Topics covered include:
* Coverage
* Collateral Source
* Sidewalk Liability-Two Recent Superior Court Cases Address Liability for Abutting Sidewalks
* New Laws-Recently Passed Bills Indicate a Growing Trend of Overruling Supreme Court Case Law
* Legislative Update for the 2003 General Assembly
Category: GENERAL
Issue: April 2003   View in PDF
Topics covered include:
* Bad Faith
* Collateral Source
* Summary Judgment
* Legal Malpractice
* Uninsured Motorist
* Lessor Liability-Superior Court Addresses Sufficiency of Claims against Lessor of Automobile
Category: GENERAL
Issue: March 2003   View in PDF
Topics covered include:
* Duty to Defend and Indemnify
* Workers' Compensation
* Bad Faith
* Automotive Negligence-Two Superior Court Decisions Address When Owner of Motor Vehicle is not Liable
* Statute of Limitations-Negligence Statute Does Not Begin Run Until Plaintiff Knows Identity of Tortfeasor
Category: GENERAL
Issue: February 2003   View in PDF
Topics covered include:
* Lessor Liability
* Direct Action
* Dog Bite
* Emotional Distress-Insurer Liable for Negligent Infliction of Emotional Distress in Handling of Fire Loss Claim
* Independent Contractors-Supreme Court Holds General Contractor Not Liable in Negligence to Employee of Subcontractor
Category: GENERAL
Issue: February 2003 Special Edition   View in PDF
Topics covered include:
* Dram Shop-Supreme Court Recognizes Common Law Cause of Action for Negligent Service of Alcohol
Category: GENERAL
Issue: January 2003   View in PDF
Topics covered include:
* Dram Shop
* Defamation
* Auto Liability
* Premises Liability-Property Owner Can Be Liable for Defects on Adjoining Property
* Uninsured Motorist-Superior Court Discusses Applicable Deductions from UM Verdict
Category: GENERAL
Issue: November/December 2002   View in PDF
Topics covered include:
* Emotional Distress
* Expert Testimony
* Statute of Limitations
* Uninsured Motorist-Arbitrators Free to Award More than Listed Policy Limits
* Workers Compensation Exclusivity-Two Recent Superior Court Cases Discuss The 'Substantial Certainty' Exception
* Subrogation-Insurance Company Cannot Subrogate Against Negligent Houseguest
Category: GENERAL
Issue: October 2002   View in PDF
Topics covered include:
* Connecticut Unfair Trade Practices Act ('CUTPA')
* Ongoing Storm Defense
* Disability Payments
* Apportionment-Two Recent Superior Court Cases Address Apportionment Issues
* Collateral Source Setoff-Jury Verdict Should be Reduced by the Total of All Collateral Source Payments Received
Category: GENERAL
Issue: September 2002   View in PDF
Topics covered include:
* Additur
* Declaratory Judgment
* Structured Settlements-Supreme Court Allows Claim Against Insurer Alleging Impropriety in Structured Settlements
* Highway Defect-Appellate Court Affirms Jury Verdict and Judgment for Defendant Municipality
Category: GENERAL
Issue: July/August 2002   View in PDF
Topics covered include:
* Multiple Damages
* Lessor Liability
* Accidental Failure of Suit
* Duty to Defend-School Bus Driver's Discharge of Student into School Covered by Auto Liability Policy
* Uninsured Motorist-The Three-year Statute of Limitations for Underinsured Claims is Enforceable
* Pretrial Conferences-The Court Cannot Sanction an Insurer for Not Offering More Money to Settle a Case
Category: GENERAL
Issue: June 2002   View in PDF
Topics covered include:
* Dram Shop
* Setoff
* Sovereign Immunity
* Coverage-Permissive Use Is Not Limited to Permission from the Owner of the Vehicle
* Landlord/Tenant-Lease Agreement Exempting Landlord from Liability for His Own Negligence is Valid
Category: GENERAL
Issue: May 2002   View in PDF
Topics covered include:
* Coverage
* Waiver
* Firefighter's Rule-Two Recent Superior Court Cases Discuss the Firefighter's Rule
* Coverage-Plaintiff Can Recover in Direct Action against Insurer if Trial Court Makes Finding of Negligence
Category: GENERAL
Issue: April 2002   View in PDF
Topics covered include:
* Release
* Failure To Render Assistance
* Bad Faith
* Uninsured Motorist-Deduction for Payments Received under Tortfeasor's Liability Coverage Includes Payments under Umbrella Policy
* Uninsured Motorist-Superior Court Addresses Apportionment and Setoffs in Uninsured Motorist Cases
Category: GENERAL
Issue: March 2002   View in PDF
Topics covered include:
* Sidewalk Liability
* Independent Medical Exam
* Subrogation-Insurer Has No Right of Subrogation against Tenant for Fire Loss
* Third Party Bad Faith-Superior Court Refuses to Strike Third-Party Claims against Insurer
Category: GENERAL
Issue: February 2002   View in PDF
Topics covered include:
* Subrogation
* Premises Liability
* Medical Malpractice-Test Set Forth for Distinguishing Medical Malpractice from Ordinary Negligence
* Slip and Fall-Snow Removal Contractor Owes Duty Directly to Plaintiff
Category: GENERAL
Issue: January 2002   View in PDF
Topics covered include:
* Underinsured Motorist
* Sporting Injuries
* Premises Liability-Superior Court Finds a Duty to Warn of Hazards Off the Premises
* ERISA Liens-U.S. Supreme Court Addresses the Issue of ERISA Lien Paybacks
Category: GENERAL
Issue: November/December 2001   View in PDF
Topics covered include:
* Loss of Consortium
* Medical Malpractice Verdict
* Excluded Driver Endorsement
* Legal Malpractice-Successor Attorney Cannot Be Brought into Legal Malpractice Action for Apportionment
* Premises Liability-Proving Notice in Premises Liability Cases
Category: GENERAL
Issue: October 2001   View in PDF
Topics covered include:
* Connecticut Unfair Trade Practices Act ('CUTPA')
* Ongoing Storm Defense
* Disability Payments
* Apportionment-Two Recent Superior Court Cases Address Apportionment Issues
* Collateral Source Setoff-Jury Verdict Should be Reduced by the Total of All Collateral Source Payments Received
Category: GENERAL
Issue: September 2001   View in PDF
Topics covered include:
* Apportionment
* Workers' Compensation
* Defective Highway Act-Municipality Has No Cause of Action for Indemnification against Abutting Landowner
* Uninsured Motorist-Listed Driver Not A Named Insured on Policy Is Not Covered by Uninsured Motorist Provisions
Category: GENERAL
Issue: August 2001   View in PDF
Topics covered include:
* Workers' Compensation Exclusivity
* Damages
* Loss of Consortium
* Additur-Appellate Court Upholds Additur by Trial Judge
* Firefighter's Rule-Supreme Court Clarifies that Firefighter's Rule Applies Only to Premises Liability Cases
Category: GENERAL
Issue: July 2001   View in PDF
Topics covered include:
* Enhanced Injury
* Jury Verdicts
* Uninsured Motorist-Supreme Court Holds Insurer Obligated to Pay Offer of Judgment Interest
* Jury Trials-Appellate Court Rules That Jury Verdict Forms Can Subdivide Categories of Damages
Category: GENERAL
Issue: June 2001   View in PDF
Topics covered include:
* Insurance Agents
* Workers' Compensation Exclusivity
* Indemnification-Appellate Court Upholds Judgment of Common Law Indemnity Following Settlement of Underlying Case
* Uninsured Motorist-Appellate Court Holds Self-Insured Municipality Only Required to Provide Minimum Uninsured Motorist Coverage
Category: GENERAL
Issue: April/May 2001   View in PDF
Topics covered include:
* Recreational Sports
* Uninsured Motorist
* Statutory Reckless-Appellate Court Finds Sufficient Evidence to Go to the Jury
* Wrongly Named Defendant-Appellate Court Addresses Application of the Wrongly Named Defendant Statute
Category: GENERAL
Issue: March 2001   View in PDF
Topics covered include:
* Waiver
* Premises Liability
* Agency-Court Holds That Agency Relationship Exists between Owner and Driver of Car
* Bad Faith-Third Party Claimant Cannot Recover in Bad Faith against Insurer
Category: GENERAL
Issue: February 2001   View in PDF
Topics covered include:
* Loss of Consortium
* Duty to Defend
* Vicarious Liability
* Excess Insurance-Superior Court Addresses the Duty Owed by a Primary Liability Insurer to an Excess Insurer
* Statute of Limitations-Two Recent Cases Address Statute of Limitations Issues in Underinsured Motorist Cases
Category: GENERAL
Issue: January 2001   View in PDF
Topics covered include:
* Subrogation
* Premises Liability
* Medical Malpractice-Test Set Forth for Distinguishing Medical Malpractice from Ordinary Negligence
* Slip and Fall-Snow Removal Contractor Owes Duty Directly to Plaintiff
Category: GENERAL
Issue: November/December 2000   View in PDF
Topics covered include:
* Dram Shop
* Apportionment
* Bad Faith
* Independent Medical Examination-Court Addresses Plaintiff's Right to Object Versus Defendant's Right to have the Plaintiff Examined
* Uninsured Motorist-Injuries Caused by Drive-by Shooting not Covered by Uninsured Motorist Coverage
Category: GENERAL
Issue: October 2000   View in PDF
Topics covered include:
* Lessor Liability
* Sidewalk Liability
* Duty
* Bystander Emotional Distress-Split of Authority Remains over Recovery for Witnessing Medical Malpractice
* Discovery-Insurer's Investigation is Discoverable Where Late Notice is Raised as a Defense
Category: GENERAL
Issue: September 2000   View in PDF
Topics covered include:
* Offer of Judgment Interest
* Consent To Settle
* Future Medical Expenses
* Uninsured Motor Vehicle-Self-insured municipality not required to provide uninsured motorist coverage for emergency vehicle
* Collateral Estoppel-Excess uninsured motorist carrier not collaterally estopped from relitigating issue of damages previously decided in arbitration against primary uninsured motorist carrier
Category: GENERAL
Issue: August 2000   View in PDF
Topics covered include:
* Uninsured Motorist
* Lessor Liability
* Offer of Judgment Interest
* Underinsured Motorist-Six year statute of limitations begins to run when plaintiff's attorney receives settlement check in underlying case
* CUTPA-Failing to remove leaves from a common area may subject landlord and management company to damages under the Connecticut Unfair Trade Practices Act
Category: GENERAL
Issue: June/July 2000   View in PDF
Topics covered include:
* Strict Liability
* Uninsured Motorist
* Lessor Liability
* Premises Liability-Possession and control are not the sole basis for liability due to defective premises
* Apportionment-Apportionment is not permitted against product sellers or unidentified persons
Category: GENERAL
Issue: May 2000   View in PDF
Topics covered include:
* Self-Insured
* Remittitur
* Slip and Fall
* Uninsured Motorist-Apportionment Not Permitted in Uninsured Motorist Case
* Late Notice To Insurer-Plaintiff Suing an Insurance Company Has the Burden of Proving Insurance Company Not Prejudiced by Late Notice
Category: GENERAL
Issue: April 2000   View in PDF
Topics covered include:
* Sovereign Immunity
* Sidewalk Liability
* Bad Faith-Two Superior Court Cases Address Sufficiency of Bad Faith Allegations
* Immunity and Expert Testimony-Supreme Court Orders New Trial in Case by Intern Who Contracted HIV Virus
Category: GENERAL
Issue: March 2000   View in PDF
Topics covered include:
* Proximate Cause
* Declaratory Judgment
* Apportionment
* Duty to Defend-Emotional Distress Is Not A Claim for 'Bodily Injury' for Which Coverage Is Provided
* Damages-Speculative Expert Medical Testimony Must Be Precluded
Category: GENERAL
Issue: February 2000   View in PDF
Topics covered include:
* Court Side Trials
* Coverage
* Priority of Coverage
* Additur-Supreme Court Overrules Per Se Rule Regarding Additur
* CUTPA-Superior Court Refuses to Strike CUTPA Claim Based on Insurance Company's Policy of Settling Cases
Category: GENERAL
Issue: January 2000   View in PDF
Topics covered include:
* Multiple Damages
* Offer of Judgment
* Governmental Immunity
* Employer Liability-Employer Liable for Accident Caused by Intoxicated Employee Drinking at Employer-Sponsored Function
* Independent Medical Examination-Superior Court Discusses the Plaintiff's right to Object to a Physician

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