CT INSURANCE LAW - Superior Court finds a breach of the duty to defend based upon "arising out of" language

2016-01-25 | Peter K. O'Keefe

Category: Insurance

Peter K. O'Keefe

The underlying lawsuit arose out of a 2012 fall while the plaintiff was on her way to a ladies room at a restaurant located at a public golf course owned by the City of Waterbury.  The plaintiff sued the restaurant and the City.  The City’s insurer failed to defend.  The court now concludes that the failure to defend was in breach of its duty under the applicable insurance policy.  The policy provided coverage “with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased” to the restaurant in issue at the golf course.  The insurer argued that the premises leased did not include the ladies room.  The court rejected that argument, stating that even if that was true, it could not be reasonably concluded that the use of the restroom by restaurant customers would not be connected with, incident to, growing out of or having its origins in the consumption of food or drink at the restaurant.  The court concludes that the allegations in the underlying Complaint appeared to bring the injury within the scope of coverage and therefore triggered a duty to defend.  City of Waterbury v. Hospitality Franchise Assoc., CV14-6025014 (Conn.Super. Roraback, J.)(Dec. 22, 2015)

Jackson O’Keefe, LLP, has several attorneys who routinely focus on insurance law issues.  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 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.  We are also recognized in Best's Directory of Recommended Insurance Attorneys.

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