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INSURANCE LAW: Waterbury judgment of over $23 million allocated in part to uninsured motorist carrier, then to be reduced to zero per policy limit, reduction for liability payment under same policy

The plaintiff brought action against the defendant school bus driver for negligence and Utica Mutual Insurance Company for uninsured motorist coverage for a hit and run driver. The defendant school bus collided with the unidentified vehicle, causing the school bus…

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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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MODE OF OPERATION: Superior Court upholds ruling in favor of defendant on Motion to Dismiss, as Mode of Operation is not a new cause of action where plaintiff previously brought suit under negligence theory

The Superior Court denies defendant’s Motion to Reargue reaffirming the court’s granting of defendant’s Motion to Dismiss pursuant to the prior pending action doctrine.  The defendant filed the Motion to Dismiss arguing that the plaintiff’s mode of operation claim was…

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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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MOTOR VEHICLE TORTS: Connecticut General Assembly enacts legislation to allow for double or treble damages in an accident where the owner operates a motor vehicle while using a hand-held mobile device in violation of § 14-296aa

The Connecticut General Assembly enacted legislation amending CGS § 14-295, which allows for an award of double or treble damages for statutory recklessness where the owner of the vehicle drives deliberately or with reckless disregard in violation of one of…

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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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