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

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

Category: Insurance

Matthew J. O'Keefe

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 complaint alleged that the named insured “dba Hair Pizzazz” through its agents, servants and employees “owned, managed, controlled and possessed property known as Hair Pizzazz” and further alleged that the plaintiff was a “business invitee” on the premises when he was injured.  The insured provided a defense under a reservation of rights and then brought a declaratory judgment action, asserting that it had no duty to defend or indemnify under a homeowners policy pursuant to an exclusion for “bodily injury … arising out of the past or present business activities of an insured person”.  The court reviews the complaint in the underlying action and concludes that the business exclusion bars a duty to defend and indemnify.  In reviewing an affidavit provided by the insured, the court concluded that it did not raise a genuine issue of material fact “because its assertions that [the insured] is friendly with Pellegrino and did not charge him for the haircut he received that day demonstrate only that Pellegrino’s injuries arose out of, that is was ‘connected to’ or was ‘incident to’ the cutting of hair which is the business activity conducted by Reyes on the insured property.  The haircutting provided to Pellegrino by Reyes the day of his injuries certainly arose out of the use of any part of the premises for business purposes.”  Allstate Ins. Co. v. Reyes, 2016 WL 7975861 (Conn. Super. Noble, J.)

If you have a possible claim, you will need to review your options timely. For assistance, call the attorneys at Jackson O’Keefe now at (860) 276-8100.

With offices in Southington and Wethersfield, as well as satellite offices in East Haddam, Bloomfield, Farmington, and Marlborough our lawyers strive to meet the needs of area residents, making getting your legal services easier than ever.  Call us now to speak with us about your case. (860) 278-4040 during business hours or 860.966.7436 any time, or email us any time at info@jacksonokeefe.com

Our Southington office:  
97 North Main Street
Southington, CT 06489
Phone: 860.276.8100
Fax: 860.621.3065

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