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CONTRACTUAL LIABILITY: Superior Court finds duty to defend and indemnify under contract where allegations of complaint allege negligent acts that could be attributable to duties of defendant under security contract

The court found that a security company breached its duty to defend and indemnify a mall by failing to accept the tender of a defense and failing to indemnify for damages paid to the estate of the deceased claimant. Both…

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INSURANCE LITIGATION: The Connecticut District Court denies award of fees or costs to insurance companies in interpleader actions where action brought “primarily in its own self-interest”

The District Court denied attorneys’ fees and costs to an insurer in an interpleader action, on the grounds that courts in the Second Circuit typically decline to award attorney fees and costs to insurance companies in interpleader actions.  The court…

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PREMISES LIABILITY: Superior Court holds motorized carts not inherently dangerous, but opens door to possible negligent entrustment actions on motorized carts

The plaintiff brought suit against the defendant Wal-Mart and the operator of the motorized cart.  The claims directed to the corporate defendant sounded in premises liability, mode of operation, and negligent entrustment.  After a bench trial on liability the court…

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