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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: INSURANCE COVERAGE & BAD FAITH
Issue: November 2014   View in PDF
Topics covered include:
* First Party Coverage - Insurer is not Required to Show Prejudice Resulting from Insured's Failure to File Proof of Loss - No Coverage for Loss Occurring between Date of Cancellation and Reinstatement of Cancelled Policy
* For Hire Motor Vehicles - Truck Used to Transport Motor Vehicle Parts to be Used to Repair Vehicles Owned by the Insured was not "For Hire"
* Auto Exclusion - Claims against Insureds for Negligently Providing Alcohol to Operator of Motor Vehicle within Auto Exclusion
* Choice of Law - The Law of the State Where the Risk is Located will Determine Whether Insured is Entitled to Underinsured Motorist Coverage, Unless Another State has a More Significant Relationship
* Estoppel - Connecticut Insurance Guaranty Association was not Estopped from Asserting Coverage Defenses Where Insolvent Insurer Breached the Duty to Defend
Category: INSURANCE COVERAGE & BAD FAITH
Issue: May 2014   View in PDF
Topics covered include:
* Exclusion-Auto Policy - Court Finds Policy Excluded Coverage for Bodily Injury to Named Insured While a Passenger in Covered Automobile
* Claims Made Policy - The Prejudice Requirement for Failure to Timely Report Claim Does Not Apply to Claims Made Policies
* Declaratory Judgment Action-Sexual Assault - No Duty to Defend Parents against Claims that Minor Children Sexually Assaulted a Classmate
* Additional Insured - Neither Certificate of Insurance nor Equitable Estoppel Conferred Additional Insured Status on General Contractor
Category: INSURANCE COVERAGE & BAD FAITH
Issue: February 2014   View in PDF
Topics covered include:
* Duty to Indemnify - Appellate Court Holds that "Suit" Does Not Include Settlement Negotiations
* Declaratory Judgment Action - Superior Court Finds No Coverage for Claim of Misrepresentation in the Sale of House
* Duty to Defend - Insurers had a Duty to Defend Negligent Infliction of Emotional Distress Claim Pleaded in the Complaint with Professional Negligence Claim
* Bad Faith - Superior Court Grants Motion to Strike Common Law and Statutory Bad Faith Claims
Category: INSURANCE COVERAGE & BAD FAITH
Issue: November 2013   View in PDF
Topics covered include:
* Bad Faith - Connecticut Supreme Court Holds that CUTPA Claim Against Insurance Agent or Broker Must be Based on a Violation of CUIPA if Related to Insurance Business
* Sexual Molestation - Severability of Interest Clause Required Insurer to Defend Mother Against Lawsuit Resulting from Son's Sexual Molestation
* Occurrence Requirement - Court Finds that Trespass Claim Could be Accidental
* Additional Insured - CGL Insurer Had Duty to Defend Additional Insured Where Facts of the Complaint Supported that the Additional Insured Could be Held Liable for the Named Insured's Work
Category: INSURANCE COVERAGE & BAD FAITH
Issue: August 2013   View in PDF
Topics covered include:
* Subrogation-Reimbursement of Deductible – Connecticut Supreme Court Finds that Insured is not Entitled to Reimbursement of Deductible Where the Amount Recovered From the Responsible Third Party is Less than the Amount of the Deductible and the Amount Paid Under the Applicable Insurance Policy
* Construction Defect Claims – Constructive Defect Claim Can Meet the Occurrence Requirement – Physical Injury to or Loss of Use of Non-Defective Property Constitutes Property Damage
* Coverage Limits – Connecticut Supreme Court Determines that $1 Million in Coverage is Available to Multiple Victims of a Nursing Home Fire, Not $10 Million as Determined by the Trial Court
* Insurance Agent Liability – Insurance Agent Held to Have Breached Duty of Care in Failing to Renew Policy, But Client's Own Negligence Barred Recovery
* Fraud – Denial of Insurer's Request to Shift Attorney’s Fees After Jury Finds Insured's Forfeited Coverage By Submitting Fraudulent Claims In Connection With Fire Loss
Category: INSURANCE COVERAGE & BAD FAITH
Issue: May 2013   View in PDF
Topics covered include:
* Duty to Defend and Indemnify - Second Circuit Court of Appeals Remands Case for Consideration of Whether Lawsuits for Defective Pools Fell Within Work Performed by a Subcontractor Exception to Exclusion for the Insured's Work
* Occurrence and Bodily Injury - Emotional Distress Claims Arising From Insured's Harboring of Fugitive for Nearly Twenty-Three Years Did Not Result in Bodily Injury and is Not an Occurrence
* Additional Insured - Connection Between Injury and Leased Premises Was Not Sufficient to Satisfy Additional Insured Endorsement Requirements
* Discovery of Privileged Documents in Claims File - Plaintiff Claiming Bad Faith Not Entitled to Documents Protected by the Attorney-Client Privilege
* Bad Faith - No CUTPA Violation Against an Insurer Absent a Violation of CUIPA
Category: INSURANCE COVERAGE & BAD FAITH
Issue: February 2013   View in PDF
Topics covered include:
* Settlement Reimbursement - Expert Testimony Necessary to Prove Reasonableness of Settlement
* Bad Faith - Use of the Terms Purposefully, Willfully, Maliciously and Knowingly Sufficient to Plead CUTPA Claim - Plaintiffs Not Entitled to Claims File
* Underinsured Motorist Coverage - Punitive Damages Can Be Off-Set From Underinsured Motorist Limits - Underinsured Motorist Claim Barred by the Doctrine of Collateral Estoppel
* Firm News
Category: INSURANCE COVERAGE & BAD FAITH
Issue: November 2012   View in PDF
Topics covered include:
* Bad Faith - Negligence Standard Applies to Claim for Failure to Settle Within the Policy Limits
* Duty to Defend - Insurer Breached Duty to Defend and Second Circuit Certifies to the Connecticut Supreme Court Whether Consequential Damages Above the Policy Limits are Recoverable - Homeowner's Insurer has Duty to Defend Lawsuit Arising Out of Snowmobile Accident that Allegedly Took Place While Insured was Under the Influence of Alcohol
* Bifurcation - Court Grants Motion to Bifurcate Coverage Action and Bad Faith Counterclaims to Avoid Prejudice
* Underinsured Motorists Coverage - Resolving Ambiguous Policy Provisions in an Underinsured Motorist Case
* A Message From Nuzzo & Roberts, L.L.C.
Category: INSURANCE COVERAGE & BAD FAITH
Issue: August 2012   View in PDF
Topics covered include:
* Motor Vehicle Exclusion - Motor Vehicle Exclusion in Homeowners Policy Applies to Negligent Supervision Claim
* Insurance Agent Liability - Insurance Agent Did Not Owe a Duty of Care to Live-In Boyfriend of Named Insured
* Additional Insured - No Duty to Defend and Indemnify Under Additional Insured Endorsement Where Defendant Sued Only for Its Own Negligence
* Trigger of Coverage - The Water Intrusion Causing Property Damage was the Occurrence Triggering Coverage
* Self-Defense - Insurer Has Duty to Defend Assault Claims Where Insured Claims He Acted in Self-Defense
* Assault and Battery Exclusion - No Duty to Defend or Indemnify Insured Property Owner for Claims Related to Injuries from Gun Shots Occurring in Insured's Parking Lot
Category: INSURANCE COVERAGE & BAD FAITH
Issue: May 2012   View in PDF
Topics covered include:
* Late Notice-Change in Law - Supreme Court Overrules Aetna v. Murphy- Insurer's Will Now Have to Prove Prejudice Due to Late Notice
* Professional Liability Coverage - Exclusion Precluded Coverage for Medical Malpractice Claims against Professional Corporation - No Coverage under Professional Liability Policy Were Allegations Related to Attorney's Role as Mortgage Broker, Not as Attorney
* Motor Vehicle Exclusion-Exception - Insured Location for the Purposes of an Exception to the Motor Vehicle Exclusion Does Not Include a Dead-End Private Road within Residential Development
* Declaratory Judgment Actions - City Not Entitled to Coverage under Excess Policy for Claim Arising Out of Motor Vehicle Accident between Two Police Vehicles
* Bad Faith - CUTPA/CUIPA Claim Stricken for Failure to Allege Facts Showing a General Business Practice
Category: INSURANCE COVERAGE & BAD FAITH
Issue: February 2012   View in PDF
Topics covered include:
* Motor Vehicle Exclusion - Connecticut Supreme Court Holds That Claims of Carbon Monoxide Poisoning Are Within the Motor Vehicle Exclusion
* Business Exclusion - Appellate Court Affirms Grant of Summary Judgment for Insurer on Business Exclusion
* Additional Insured Status - Property Owner Not Additional Insured Under Leesee's Policy Because Liability Did Not Arise Out of the Use of the Leased Premises
* Declaratory Judgment Action - Statutory and Common Law Parental Liability Claims Stemming From Child's Sexual Assault Failed to State an Occurrence or any Bodily Injury
* Duty to Indemnify - Post-Verdict Determination of Insurer's Duty to Indemnify
* Late Notice - Insured's Two Year Delay in Giving Notice of Incident Did Not as a Matter of Law Preclude Coverage
* Offers of Compromise - Extension of Time to Respond to Offer of Compromise Permitted Where Defendant had a Compelling Equitable Need For the Extension
* Bad Faith Verdict
* Firm News
Category: INSURANCE COVERAGE & BAD FAITH
Issue: November 2011   View in PDF
Topics covered include:
* Direct Action Lawsuit-Insurer Defenses - Insured's Failure to Timely Report Claim Prevents Judgment Creditor From Collecting Judgment From Insurance Company - Daughter Did Not Qualify as an Insured Under Her Parent's Auto Policy - Insurer Not Estopped From Relying on Coverage Defenses
* Declaratory Judgment Actions - Ambiguity in Policy Declarations Results in Paraprofessional Exclusion Not Applying to Medical Malpractice Action - Named Insured's Fiancé is Not a Resident Relative - Court Declined to Dismiss or Stay Declaratory Judgment Action Based on Insured's Self Defense Claim - Claim Determines Duty to Defend, Not Outside Evidence
* Policy Condition - Two-Year Contractual Period to Sue Insurer Enforced
* Reimbursement of Defense Costs - Insurer is Awarded Attorneys' Fees and Costs For Defending Underlying Lawsuits For Which a Court Determined No Defense was Owed
* A Message From Nuzzo & Roberts, L.L.C.
Category: INSURANCE COVERAGE & BAD FAITH
Issue: August 2011   View in PDF
Topics covered include:
* Insurance Coverage Disputes - Insurance Did Not Have Knowledge of Circumstances That Could Reasonably Give Rise to Claim-Coverage Not Precluded - District Court Finds Duty to Defend Sexual Molestation Claim under CGL Policy - Determining the Triggering Event for Coverage in a Continuous Exposure Case - No Coverage for Negligent Painter Who Was Working as an Independent Contractor at the Time of the Occurrence - New York Court Finds Policy Ambiguous Where it Did Not Define 'Resides'
* Waiver and Estoppel - Insurer's Defense Under Reservation of Rights Does Not Preclude it From Later Challenging its Coverage Obligations
* Bad Faith - Allegations Support Plaintiff's Claim of Common Law and Statutory Bad Faith
* Settlement Liens - Insurers Inclusion of the Lien Holder on Indemnity Check is Not Improper But is Not Advisable
* Firm News
Category: INSURANCE COVERAGE & BAD FAITH
Issue: May 2011   View in PDF
Topics covered include:
* Insurance Coverage - Standing to Bring Claim for Negligent Infliction of Emotional Distress Despite No Standing to Bring Declaratory Judgment Action, Breach of Contract Claim and Bad Faith Claims - Sexual Molestation Exclusion Not Applicable to Claims for Negligent Supervision and Negligent Provision of Alcohol - Insurer Had No Duty to Defend
* Number of Occurrences - Multiple Occurrences Where Consumer's Exposure Involved Differing Times, Locations and Circumstances
* Bad Faith - Insurer Did Not Act in Bad Faith
* Discovery - Claim Notes Prepared In the Ordinary Course of Business Not Protected By the Work-Product Privilege
* Offers of Compromise - Thirty Day Time Limit for Responding to Offer of Compromise is Mandatory - Tips for Handling Offers of Compromise
Category: INSURANCE COVERAGE & BAD FAITH
Issue: February 2011   View in PDF
Topics covered include:
* Intervening in Underlying Action - Insurer Not Permitted to Intervene in Action and Propound Interrogatories to a Jury
* Waiver and Estoppel - Waiver and Estoppel Claims against an Insurer Stricken
* Insurance Coverage - Additional Insured Endorsement - Insurer Found to have Breached its Duty to Defend
* Insurance Cover for Theft Claim
* Uninsured/Underinsured Motorist Coverage - Insured Can Collect Full Limits of Two Uninsured Motorist Policies
* Duty of Independent Investigator - Independent Insurance Investigator Hired by Insurer Does Not Owe Duty to Insureds
* Bad Faith - Insurer's Failure to Defend After Prior Court Decision Finding Duty to Defend Gives Rise to Bad Faith Claim, Even Though Court Decision Was on Appeal - Connecticut District Court Dismisses Insured's CUIPA and CUTPA Claims for Failure to Allege a General Business Practice
Category: INSURANCE COVERAGE & BAD FAITH
Issue: November 2010   View in PDF
Topics covered include:
* Duty to Defend and Indemnify - Prior Knowledge Exclusion Did Not Bar Coverage for Legal Malpractice Claim Against Law Firm
* Declaratory Judgment Actions - No Duty to Insured for Claim by Subcontractor for Work Site Accident - Physical or Mental Abuse Exclusion Can Apply Even Where There is No Intent to Harm and No Pattern of Conduct - CGL Policy Does Not Cover Claims of Faulty Workmanship Arising Out of the Construction of Swimming Pools
* Direct Action Lawsuit - Insurer Has No Duty to Defend or Indemnify Negligent Training and Supervision Claim Against Bar
* Insured Premises Exclusion - Insurer Has No Obligation to Contribute to Dog Bite Settlement
* Settlement-Insurer's Duty to Defend and Right to Settle Claims - Insurer Did Not Provide Inadequate Defense and Did Not Act in Bad Faith By Settling Underlying Claim
* A Message from Nuzzo & Roberts, L.L.C.
Category: INSURANCE COVERAGE & BAD FAITH
Issue: August 2010   View in 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
Category: INSURANCE COVERAGE & BAD FAITH
Issue: May 2010   View in 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
Category: INSURANCE COVERAGE & BAD FAITH
Issue: February 2010   View in 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
Category: INSURANCE COVERAGE & BAD FAITH
Issue: November 2009   View in 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
Category: INSURANCE COVERAGE & BAD FAITH
Issue: August 2009   View in 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
Category: INSURANCE COVERAGE & BAD FAITH
Issue: May 2009   View in 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
Category: INSURANCE COVERAGE & BAD FAITH - SPECIAL EDITION
Issue: March 2009   View in 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
Category: INSURANCE COVERAGE & BAD FAITH
Issue: February 2009   View in 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
Category: INSURANCE COVERAGE & BAD FAITH
Issue: November 2008   View in 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
Category: INSURANCE COVERAGE & BAD FAITH
Issue: August 2008   View in 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
Category: INSURANCE COVERAGE & BAD FAITH
Issue: May 2008   View in 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
Category: INSURANCE COVERAGE & BAD FAITH
Issue: February 2008   View in 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
Category: INSURANCE COVERAGE & BAD FAITH
Issue: November 2007   View in 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
Category: INSURANCE COVERAGE & BAD FAITH
Issue: August 2007   View in 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
Category: INSURANCE COVERAGE & BAD FAITH
Issue: May 2007   View in 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
Category: INSURANCE COVERAGE & BAD FAITH
Issue: January/February 2007   View in 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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