Category: INSURANCE COVERAGE & BAD FAITH
Issue: August 2010 Download PDF
Topics covered include:
* Insurance Agent's Duty to Advise - Superior Court Rejects Claims That Agent Failed to
Advise Insured of Need for Liquor Liability Coverage
* Rescission - Second Circuit Court of Appeals Upholds Rescission of
Bank's Fidelity Bond Based on Material Misrepresentation in Application
* Discovery of Insurance Company's Reserves and
Claims File - Reserves Information Not Discoverable Where No Specific Allegations of Bad Faith
* Declaratory Judgment Actions -
Motor Vehicle Exclusion in Homeowners Policy Precluded Coverage for Claims Arising Out of Carbon Monoxide Poisoning
* Insurer Breached Duty to Defend Construction Manager and Project Owner Under Additional Insured Endorsement
* Number of Occurrences/Accidents-Automobile Policy - Two Collisions Occurring Two Minutes and Almost Two Miles Apart
Deemed Two Accidents
* Underinsured Motorists Benefits - Supreme Court Finds That Insureds' Failure to Comply
with Time Limitation in Policy Barred Coverage
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Category: INSURANCE COVERAGE & BAD FAITH
Issue: May 2010 Download PDF
Topics covered include:
* Declaratory Judgment Actions - Issue of Fact as to Whether Insurer had Duty to Defend and Indemnify Claim Alleging Concealment of a Sexual Assault - Insurer
had no Duty to Defend or Indemnify Assault and Battery Claim - No Coverage Under Homeowners Policy for Intimidation and Harassment
Claims
* Breach of the Duty to Defend - No
Duty to Defend Under CGL Policy for Intellectual Property Claim Arising From the Insured's Alleged Stealing of Information and Subsequently Developing Its Own
Product
* Fraud - Insurer Not Entitled to Summary Judgment Based on Insureds' Alleged Fraud
* Equitable Subrogation - Homeowners Insurer Could Not Recover Monies Paid for Fire Loss From Insured's Live-In
Fiancée Whose Negligence Caused Fire
* Bad Faith - Superior Court Declines to Extend to Insurance Agents the
Professional Malpractice Exception to CUPTA Claims
* The Insurer Wins
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Category: INSURANCE COVERAGE & BAD FAITH
Issue: February 2010 Download PDF
Topics covered include:
* Eighteen-Month Delay in Notifying Insurer of Accident Did Not Relieve Insurer
of Duty to Defend
* No Duty to Defend or Indemnify Where Insured Failed to
Disclose Prior Administrative Proceeding Involving Claim of Wrongful Termination
* Insurer's Prior Defense of Insured in Action Related to His Business
Did Not Estop it From Relying on the Business Risk Exclusion to Deny a Defense in a Subsequent Case
* Business Risk
Exclusion Precluded Coverage for Property Damage to Home Being Worked on by Contractor
* Medical Van Driver's Actions in Parking
Too Far Away and Failing to Call 911 Found to Constitute "Use" of Covered Vehicle for Purposes of Duty to Defend under Commercial Auto Policy
* Duty to Defend Claims of Libel and Slander Under Umbrella Policy But No Coverage Under Homeowners Policy
* LLC Members Have Standing to Bring Claims Against Insurer for Failure to Defend and
Indemnify
* Underinsured Motorist Carrier Permitted to Reduce Amount of Coverage Available by Amounts Paid Under
the Liability Section of the Policy on Behalf of the Insured
* Court Strikes Complaint Alleging Common Law Bad Faith Where There
Were No Facts to Support Allegations of Bad Faith Conduct
* Insured Not Listed as Named Insured Entitled to Bring Breach of
Contract Claim But Not Breach of the Implied Covenant of Good Faith and Fair Dealing Claim
* Firm News
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Category: INSURANCE COVERAGE & BAD FAITH
Issue: November 2009 Download PDF
Topics covered include:
* Reimbursement of Defense Costs - Insurer Not Entitled to Reimbursement of Defense Costs
Following a Determination that it had No Duty to Defend
* Declaratory Judgment Actions - District Court Finds No Coverage for Use of Rental Vehicle While Driver was Under the Influence of Alcohol - Superior
Court Finds that Sexual Molestation Exclusion Does Not Apply to Claims that Insured Parent Negligently Allowed Sexual Assault to Take Place in Her Home - Appellate
Court Upholds Summary Judgment for Insurer based on Physical Abuse Exclusion
* Third Party Beneficiary - Third Party Claimant Allowed to Maintain Direct Action Against Insurer for Medical
Payment Benefits
* CUTPA/CUIPA - CUTPA/CUIPA Claim Stricken
* Stipulated Judgment (Duty to Defend) - Insurer Ordered to Pay Stipulated Judgment Because It Breached Its Duty to
Defend
* Insurance Adjuster's Duty - Independent Adjuster Acting on Behalf of Homeowner's
Insurer Does Not Owe a Duty of Care to Insureds
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Category: INSURANCE COVERAGE & BAD FAITH
Issue: August 2009 Download PDF
Topics covered include:
* Conservator of Victim's Estate Could Not Maintain Declaratory Judgment Action
Against Insurance Company
* Cancellation Provision for Dishonest
Employee Acts Applicable Only to Dishonest Acts Discovered During the Policy Term
* Garage
Policy Ambiguous as to Whether Dealer Plate had to be Affixed to Temporary Substitute Auto in Order for it to be a Covered Auto
* Common Law Bad Faith Claim Sufficient Under Federal Pleading Rules, But Statutory Bad Faith Claim Dismissed
* CUTPA/CUIPA Claim Stricken
for Failure to Allege Substantiating Facts
* Loss of Use - Third-Party Claimants
* Legislative Update
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Category: INSURANCE COVERAGE & BAD FAITH
Issue: May 2009 Download PDF
Topics covered include:
* Policy Cancellation - Superior Court Holds That Insured Must Receive Actual Notice Where Auto Policy is Cancelled Due to Nonpayment of
Premium
* Extra-Contractual Claims - Court Rejects Common Law Bad Faith Claims in Direct Action Lawsuit, Where the Alleged
Conduct Did Not Result in Damages Sustained by the Insured - Breach of Fiduciary Duty Claim Against Insurer Found to Be Viable Cause of Action in Context of Property
Damage Claim
* Declaratory Judgment Action - No Duty to Defend Pharmacist Who Forged Prescriptions and
Illegally Filled the Prescriptions for His Wife
* Settlement Agreements - Appellate Court Holds that Trial Court Erred in
Finding that the Parties Entered Into an Enforceable Settlement Agreement
* Firm News
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Category: INSURANCE COVERAGE & BAD FAITH - SPECIAL EDITION
Issue: March 2009 Download PDF
Topics covered include:
* Insurance Coverage Alert - The Connecticut Supreme Court Holds a Homeowners
Policy Provides Coverage for Injuries Inflicted by an Insured Acting in Self-Defense
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Category: INSURANCE COVERAGE & BAD FAITH
Issue: February 2009 Download PDF
Topics covered include:
* Garage Policy Does Not Provide Coverage for Owner
or Operator of Vehicle to Which Dealer Plate was Affixed
* Insurer Does Not Owe a Defense Under a CGL Policy to Contractor for Claims of Poor Workmanship
* Insurer Defending Underlying Action Has Standing to Bring Declaratory Judgment Action Against
Another Insurer
* Court Finds That Where Insurer Has No Obligation to
Pay Benefits, It Cannot Have Liability for Bad Faith or CUIPA/CUTPA
* Legislative Update
* Firm News
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Category: INSURANCE COVERAGE & BAD FAITH
Issue: November 2008 Download PDF
Topics covered include:
* Declaratory Judgment Actions - Homeowners Insurer
has No Duty to Defend or Indemnify Insured for Negligence and Battery Claims
* Homeowners Insurer has No Duty to
Defend or Indemnify Insured Parents for Negligence Claims Arising Out of Insured Son's Intentional Murder
* Superior Court Rejects
Underlying Plaintiff's Special Defenses of Estoppel and Unclean Hands, But Finds Waiver Defense Not Foreclosed by Pleadings
* Injured Party Named as Defendant in Declaratory Judgment Action Has Standing to File Motion for Summary Judgment
* Assault and Battery Exclusion - Assault and Battery Exclusion Precludes Coverage for
Negligence Claims
* Penal Law Exclusion - Summary Judgment for Insurer Upheld
* Bad Faith - District Court Grants Summary Judgment to Insurer on Bad Faith Claim Where Discrepancies Existed on Insured's
Proofs of Loss
* Insurance Agent Liability - Insurance Agency Liable for Fire Damage to Home Due
to its Defective Renewal Letter
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Category: INSURANCE COVERAGE & BAD FAITH
Issue: August 2008 Download PDF
Topics covered include:
* Late Notice - Supreme Court Remands Case Back to Trial Court for New Trial after Trial
Court Refused to Give Insurer's Requested Jury Charge on Late Notice
* Policy Limitations - The Connecticut Supreme Court Finds that the Limitation on Coverage for
Personal Property Located on Residential Premises Applies to Any Property Used as a Residential Premises Regardless of Whether the Insured
Resides on the Premises - The Connecticut Supreme Court Finds that Mother's Claim for Bystander Emotional Distress is Not bodily Injury and
She is Not Entitled to a Separate Per Person Limit
* Declaratory Judgment Actions - General Contractor Deemed an Insured under
Subcontractor.s Policy Because its Liability Arose Out of the Subcontractor's Work - Summary Judgment Granted for Insurer with Regard to
Duty to Defend Insured under a Homeowners Policy for Claims Related to His Daughter.s Operation of Motor Vehicle - Insurer Not Permitted to
Intervene in Declaratory Judgment Action
* Offer of Judgment Interest - The Connecticut Supreme Court Holds that Offer of Judgment Interest is to
be Calculated Based on the Judgment after Any Reductions
* Claims Against
Agents/Brokers - The Assignment of a Malpractice Claim against an Insurance Agent or Broker is Permissible and an Injured Party Can Bring a
Claim under the Direct Action Statute against an Insurance Agent/Broker - Insurance Broker Found Liable in Negligence for Failing to Procure
Coverage in Accordance with Binder
* Connecticut Unfair Insurance Practices Act/Bad
Faith - Class Certification Granted for Group of Repair Shops and Trade Association's Claims against Insurance Company for Steering - Motion
to Enforce Settlement Agreement Denied Given Insurer's Failure to Correct Plaintiff's Mistaken Belief as to Policy Limits
* Firm News
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Category: INSURANCE COVERAGE & BAD FAITH
Issue: May 2008 Download PDF
Topics covered include:
* Intentional Act Exclusion - Exclusion for Injury Expected or Intended by "An Insured" Precludes
Coverage for Negligent Supervision Claims Made Against Parent, in Connection with Minor Child's
Assault
* Late Notice - Court Upholds Denial of Property Damage Claim Based on Late Notice, Where Insured Removed and
Replaced Roof Before Insurer's Inspection
* Insured's Misrepresentation - Court Finds That Insured's Misrepresentations About
Theft Loss Void Coverage
* Policy Limits - Supreme Court Rejects Ambiguity Arguments Regarding Additional
Limit of Coverage in Professional Liability Policy
* Insurance Agent Liability - Breach
of Contract Claim Against Agent Survives Motion to Strike
* Statutory Liens -
Insurer Permitted to Withhold Settlement Proceeds Pending the Plaintiff's Resolution of Statutory Lien
* Uninsured/Underinsured Motorist Coverage - Florida Automobile
Policy Would not be Re-written to Comply With Connecticut Uninsured/Underinsured Motorist Law for Connecticut Accident
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Category: INSURANCE COVERAGE & BAD FAITH
Issue: February 2008 Download PDF
Topics covered include:
* Declaratory Judgment Actions - Negligent Assault Not Covered by Homeowners Policy -
Coverage for Claims Against Bar Precluded by Both Liquor Exclusion and Auto Exclusion in CGL Policy - Umbrella Policy Does Not Provide Coverage to Garage
Employee
* Professional Liability Policy -
Insurer's Summary Judgment Motion Denied Due to Ambiguity in Exclusion
* Homeowners Policy - Exclusion for Losses Resulting from a Policyholder's Neglect Precluded Coverage for Roof Collapse
* Uninsured Motorist Coverage - Uninsured Motorist Coverage Available for Accident Caused by Unidentified Driver Throwing Lit
Cigarette Into Insured's Car - No Uninsured Motorist Coverage for Operator of Motorcycle with Dealer Plate Affixed to it where Dealer Plate was not Listed on
Policy
* Policy Cancellation - Appellate Court Rejects Claim that Cancelled Policy was in Effect on Date of Accident Based on Agent's Alleged Promise to
Rewrite the Policy Retroactively
* Insurer's Duty When Issuing
Policy - Insurer Not Required to Either Issue Coverage in Accordance with Application or Provide Written Notice to Broker that Policy Issued Did Not Match Coverage
Requested
* Bad Faith Claims - CUTPA Claim Against Insurance Broker Stricken Because Claim
Did Not Relate to the Entrepreneurial Aspects of the Broker's Business and the Claim Was Not Predicated on a Violation of CUIPA
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Category: INSURANCE COVERAGE & BAD FAITH
Issue: November 2007 Download PDF
Topics covered include:
* Declaratory Judgment Action - Homeowners Insurer has No Duty to Defend or Indemnify Insureds for Claims of
Misrepresentation in the Sale of Property - Assault and Battery Exclusion Applies to Intentional and Negligent
Assaults
* Compliance with Policy Conditions - Insured's Failure to Advise Insurer of Newly Acquired Vehicle was not Excused by Insured's Injuries from
Motor Vehicle Accident for Which Defense was Sought
* Additional Insured Endorsement - CGL Insurer has Duty to Defend Under Blanket Additional
Insured Endorsement
* Underinsured Motorist Law - Test Driving a
Customer's Vehicle Constitutes Garage Operations Covered by a Garage Policy
* Reinsurance - Insurer Liable for Tortious Interference of Broker's Business Relationship with Reinsurer
* Bad Faith Law - Insurer's Refusal to Produce Underwriting Files is Found to be Bad
Faith
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Category: INSURANCE COVERAGE & BAD FAITH
Issue: August 2007 Download PDF
Topics covered include:
* Attorney's Fees in Declaratory Judgment Actions - Insured is not Entitled to Attorney's Fees Absent Showing of Bad Faith Upon
Prevailing in Declaratory Judgment against Insurer to Prove Existence of Coverage
* Declaratory Judgment Actions - The Criminal Act Exclusion Precludes Coverage (Defense and Indemnity) for Claims Arising Out of Sexual Assault -
Liquor Liability Exclusion Relieves Insurer of its Duty to Defend and Duty to Indemnify - Provision in Car Rental Agreement Making Lessee's Auto Insurance
Policy Primary is Valid
* Choice of Law - Florida Law Applies to Validity of Household Exclusion in
Auto Policy
* Bad Faith Claims - Allegation that Insurer has Acted Similarly with Respect to Other Insureds'
Claims Sufficient to Meet General Business Practice Requirement of Statutory Bad Faith Claim - Insureds' Common Law and Statutory Bad Faith Claims Brought
After Conclusion of Uninsured Motorist Case are Barred by Doctrine of Res Judicata
* Claims Made Policies - Automatic Extended Reporting Period in Claims Made
Policy Requires Insurer to Provide Defense and Indemnity
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Category: INSURANCE COVERAGE & BAD FAITH
Issue: May 2007 Download PDF
Topics covered include:
* Declaratory Judgment Actions - Insurer's
Duty to Indemnify Will Not Be Adjudicated Where the Allegations of a Complaint Trigger a Duty to Defend - Expected or Intended Injury Exclusion Did Not
Preclude Coverage for Trespass Claim - Intentional/ Criminal Act Exclusion Did Not Apply to Claims Against Parents of Man Convicted of
Murder
* Claims Against Insurer for Conduct During Settlement - Court Declines to Recognize Tort
Cause of Action Against Insurer of Opposing Party Based on Representations Made During Settlement Negotiations
* Bad Faith Claims Against Insurance Broker - CUTPA and Common Law Bad Faith Claim Against Insurance
Broker Based on Professional Negligence Held Legally Insufficient
* Bad Faith Claims Against Insurer -
Negligence and Bad Faith Claims Against Insurer Stricken
* Stipulated Judgment - Insurer is Entitled to Challenge Stipulated Judgment on Grounds of Fraud or Collusion
* Subrogation Claim - Insurer Entitled to Reimbursement for Fire Damage
Payments
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Category: INSURANCE COVERAGE & BAD FAITH
Issue: January/February 2007 Download PDF
Topics covered include:
* Property Insurance -
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
* Uninsured Motorist Benefits - Injured Passenger Not Entitled to Uninsured Motorist Benefits Due to Named Driver Exclusion
* Insurance Agent Liability - Negligence Claim Against Insurance Agent for Failure to Use Reasonable
Care Held Valid
* Certificate of Insurance -
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; No Basis for Misrepresentation or CUIPA Claims
* Claims Made Insurance Policies -
Connecticut District Court Holds That Actual Notice of Cancellation is Required Under Connecticut Law for Cancellation of Professional Liability Policy Due to
Difference in Statute; No Prejudice Required to Deny Claim for Failure to Report Claim Within Time Provided in Claims Made Policy
* Claims Arising Out of Related Wrongful Acts/Claims Made Reporting Requirements
* Bad Faith - Connecticut Superior Court Indicates that Claim of Bad Faith May Exist Even in the Absence of
Insurance Coverage or Duty to Defend
* Mississippi Jury Awards Couple $2.5 million in Punitive Damages Against
State Farm for Denial of Hurricane Katrina Claim
* Important Reminder - Insurers are Required to Include Specific Language
Regarding Insured's Right to Contact Insurance Commissioner When a Claim is Denied
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