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The following summaries are intended to provide quick summaries of some aspects of recent CT legal developments on accident and insurance issues.  Most of these matters were not handled by Jackson O'Keefe, LLP.  The summaries are provided as a news summary only.  The summaries are not comprehensive, and readers are referred to the primary sources for full details.  These summaries are not legal advice.  You should consult with an attorney with regard to your situation.

Jackson O'Keefe Partner Philip R. Dunn obtains favorable jury verdict

8/10/2017 | Philip R. Dunn, Jr.
prdunn@jacksonokeefe.com

On August 4, 2017, Jackson O’Keefe partner, Philip R. Dunn, Jr., obtained a favorable verdict in the matter of Myers V. Ferrara, et al in the Hartford Superior Court.  Judge Cesar Noble presided over this four week jury trial.  The case stemmed from a horse kicking incident that occurred at a ho ...

MUNICIPAL LAW: Superior Court holds that claims arising from allegedly negligent inspections barred by three-year statute of limitations:

7/10/2017 | Peter K. O'Keefe
pkokeefe@jacksonokeefe.com

Wethersfield law firm ...

MOTOR VEHICLE LAW: Superior Court grants summary judgment as to claims with regard to use of cell phone and recklessness:

7/10/2017 | Matthew J. O'Keefe
mjokeefe@jacksonokeefe.com

Southington law firm distracted driving car accident ...

MOTOR VEHICLE LAW: Superior Court allows apportionment complaint against plaintiff’s insurer for uninsured motorist claim:

7/10/2017 | Joseph M. Busher Jr.
jmbusher@jacksonokeefe.com

MOTOR VEHICLE LAW: Superior Court allows apportionment complaint against plaintiff’s insurer for uninsured motorist claim: The plaintiff filed an action against a defendant alleging that the defendant struck the rear of the plaintiff’s vehicle.  The defendant thereafter fil ...

MEDICAL MALPRACTICE: Superior Court holds that opinion letter from physician insufficient to support malpractice claim against nurses

7/10/2017 | Kathryn M. Cunningham
kmcunningham@jacksonokeefe.com

MEDICAL MALPRACTICE: Superior Court holds that opinion letter from physician insufficient to support malpractice claim against nurses: The plaintiff alleged that nurses failed to properly monitor her objective signs and symptoms and that the plaintiff was prematurely discharged, resulting i ...

MEDICAL MALPRACTICE: Superior Court holds that claims against nursing home sounded in ordinary negligence rather than malpractice:

7/10/2017 | Matthew J. O'Keefe
mjokeefe@jacksonokeefe.com

Medical Malpractice law firm attorneys ...

PREMISES LIABILITY: District Court denies summary judgment based on circumstantial evidence that defect had existed for a significant period of time:

7/5/2017 | Peter K. O'Keefe
pkokeefe@jacksonokeefe.com

PREMISES LIABILITY: District Court denies summary judgment based on circumstantial evidence that defect had existed for a significant period of time: The plaintiff allegedly slipped and fell due to a six-inch-diameter puddle of blue liquid.  The court found a genuine issue of material ...

MUNICIPAL LAW: District Court dismisses claims arising out of alleged improper video surveillance by police:

7/5/2017 | Matthew J. O'Keefe
mjokeefe@jacksonokeefe.com

MUNICIPAL LAW: District Court dismisses claims arising out of alleged improper video surveillance by police: The plaintiffs alleged that the police department engaged in prolonged and pervasive video surveillance of their residence, recording intimate details connected with their home and f ...

INSURANCE LAW: Superior Court holds that homeowners policy does not provide coverage to vendor for claims arising out of crumbling foundation:

7/5/2017 | Kathryn M. Cunningham
kmcunningham@jacksonokeefe.com

INSURANCE LAW: Superior Court holds that homeowners policy does not provide coverage to vendor for claims arising out of crumbling foundation: The plaintiffs in the underlying action brought suit alleging negligent misrepresentation, intentional misrepresentation, and negligence against the ...

INSURANCE LAW: Superior Court grants summary judgment pursuant to business pursuit exclusion:

7/5/2017 | Matthew J. O'Keefe
mjokeefe@jacksonokeefe.com

INSURANCE LAW: Superior Court grants summary judgment pursuant to business pursuit exclusion: The underlying lawsuit alleged that the plaintiff was injured when he grasped the metal handle of the front door, and received an electric shock, throwing him backwards.  The underlying compla ...

INSURANCE LAW: District Court grants declaratory judgment pursuant to exclusion for home daycare business:

7/5/2017 | Peter K. O'Keefe
pkokeefe@jacksonokeefe.com

INSURANCE LAW: District Court grants declaratory judgment pursuant to exclusion for home daycare business: The underlying complaint alleged that a claimant was injured while retrieving his child from a daycare operation on the premises operated by the insured.  It was alleged that the ...

INSURANCE LAW: District Court denies motion for summary judgment as to Unfair Insurance Practices Act claim:

7/5/2017 | Joseph M. Busher Jr.
jmbusher@jacksonokeefe.com

INSURANCE LAW: District Court denies motion for summary judgment as to Unfair Insurance Practices Act claim: A former employee brought an action against an insurer to collect damages under an employment practices liability insurance policy, based on the insurer’s failure to satisfy a judgment against ...

INSURANCE LAW: Connecticut Appellate Court addresses allocation of defense and indemnity costs and pollution exclusion in the context of asbestos litigation:

7/5/2017 | Kathryn M. Cunningham
kmcunningham@jacksonokeefe.com

INSURANCE LAW: Connecticut Appellate Court addresses allocation of defense and indemnity costs and pollution exclusion in the context of asbestos litigation: An insured producer of industrial talc for an action against its comprehensive general liability insurers seeking a declaration that ...

INSURANCE LAW: Appellate Court finds a duty to defend where complaint could reasonably be construed to assert claim not within scope of exclusion:

7/5/2017 | Peter K. O'Keefe
pkokeefe@jacksonokeefe.com

INSURANCE LAW: Appellate Court finds a duty to defend where complaint could reasonably be construed to assert claim not within scope of exclusion: Following a denial of coverage by the insurer under a public entity errors and omissions liability policy, the municipality brought a declarator ...

CONTRACTUAL LIABILITY: Superior Court holds that lessee is not contractually obligated to “defend” lessor:

7/5/2017 | Joseph M. Busher Jr.
jmbusher@jacksonokeefe.com

CONTRACTUAL LIABILITY: Superior Court holds that lessee is not contractually obligated to “defend” lessor: Where an indemnity provision contained within a lease provided that the lessee was required to indemnify the lessor and further provided “this obligation to indemnify ...

LAW FIRM NEWS: Attorney Philip R. Dunn, Jr. obtains withdrawal after jury selection:

7/5/2017 | Philip R. Dunn, Jr.
prdunn@jacksonokeefe.com

LAW FIRM NEWS: Attorney Philip R. Dunn, Jr. obtains withdrawal after jury selection: The plaintiff was the mother of the defendant’s tenants and claimed that after a visit and while leaving the premises, it was snowing and she attempted to avoid slush in the street by walking across t ...

Jackson O’Keefe, LLP managing partner Peter K. O’Keefe selected as Vice President of Wethersfield Chamber of Commerce:

7/5/2017 | Peter K. O'Keefe
pkokeefe@jacksonokeefe.com

LAW FIRM NEWS: Jackson O’Keefe, LLP managing partner Peter K. O’Keefe selected as Vice President of Wethersfield Chamber of Commerce: The firm congratulates its managing partner on his recognition for his participation and contribution to the Wethersfield Chamber of Commerce.&nb ...

MUNICIPAL LAW – Governmental immunity bars claim for playground injury

5/4/2017 | Joseph M. Busher Jr.
jmbusher@jacksonokeefe.com

MUNICIPAL LAW – Governmental immunity bars claim for playground injury: The minor plaintiff was a kindergarten student who fell and broke her arm while climbing the steps to a slide on the school playground.  There was no evidence of any apparent defect in the slide or stairs.&n ...

MUNICIPAL LAW – Appellate Court holds that police report attached to notice of claim adequately identified defect in street

5/4/2017 | Kathryn M. Cunningham
kmcunningham@jacksonokeefe.com

MUNICIPAL LAW – Appellate Court holds that police report attached to notice of claim adequately identified defect in street: The plaintiff was involved in a two-vehicle accident that allegedly resulted from a loose manhole cover.  The plaintiff’s statutorily-required notic ...


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