INSURANCE LAW: Superior Court grants declaratory judgment pursuant to geographic limitation of general liability policy

7/28/2016 | Joseph M. Busher Jr.
jmbusher@jacksonokeefe.com

Category: Insurance

Joseph M. Busher Jr.

The policy at issue stated that it would apply to bodily injury and property damage only if these were caused by an occurrence “that takes place on or within the perimeter of the premises, sites or locations scheduled above that are owned by, occupied by, or leased to any insured.” The claim at issue arose from the defendant’s alleged negligence in repairing a scooter.  As a result of that alleged negligence, it was claimed that an accident occurred off of the insured’s premises.  The insured claimed that a classification limitation endorsement in the policy created an ambiguity as to whether the activities covered under the policy were limited to accidents occurring on the premises.  The classification limitation endorsement stated in relevant part that coverage under the contract was “strictly limited to the classifications and codes listed on the policy declarations”.  The insured claimed that the insurer was required to defend and indemnify all activities that fell within that classification code.  The Superior Court concludes that “the premises limitation endorsement and the classification limitation endorsement limit coverage to accidents occurring on Scooter Pro’s premises and arising out of its operation as a repair shop.”  The court held that the language was clear and unambiguous, limiting coverage to accidents which occurred on the insured’s premises.  Accordingly, the court concluded that there was neither a duty to defend nor a duty to indemnify.  Mount Vernon Fire Ins. Co. v. Connecticut Scooter Pro’s LLC, 2016 WL 3912469 (Conn.Super. Aurigemma, J.) (June 21, 2016)

Jackson O’Keefe, LLP, has served as insurance defense counsel since the 1950s.  If you have an insurance question or litigation matter involving a GL, E&O, D&O, homeowners,  or auto policy, contact us for assistance at 860-278-4040.

Jackson O’Keefe has been practicing in the insurance field since the 1950s. The firm was co-founded by a former Insurance Commissioner for the State of Connecticut.  The firm is pleased to have received the highest Martindale-Hubbell rating of “AV.”  It is recognized in A.M. Best’s Directory of Recommended Insurance Attorneys.  It is also recognized in the Bar Register of Preeminent Attorneys.  Additionally, several of our partners have been peer-reviewed by Thomson Reuters as “Super Lawyers” qualifying as among the top five percent of practicing attorneys in Connecticut.  We are active participants in the Claims and Litigation Management (CLM) Alliance. 

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