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Janis K Malec

Insurance Coverage: Court concludes that automobile insurance carrier has a duty to defend and indemnify against third-party claims for diminution of value of property

Amica Mutual Insurance Company’s Duty to Defend and Indemnify The plaintiff, Amica Mutual Insurance Company, seeks a judicial determination regarding its duty to defend and indemnify its insured. This issue arises after its insured struck a motor vehicle owned by…

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Janis K Malec

Insurance Coverage: Court holds that plaintiff is entitled to settle her claim with the known tortfeasor and, at the same time, pursue a claim against her insurer who stands in the shoes of the unidentified tortfeasor

Plaintiff sought uninsured/underinsured motorist coverage under two policies issued by the defendant, Allstate Fire and Casualty Insurance Company in a claim involving a motor vehicle accident. Defendant moved for summary judgment on the grounds that the plaintiff received a settlement…

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Motor Vehicle Law: Court declines to award double or treble damages in motor vehicle tort action due to plaintiff’s failure to present sufficient evidence supporting a claim for recklessness

The plaintiff brought this action to recover damages for injuries he sustained in a motor vehicle accident wherein he was a passenger in the vehicle owned and operated by the defendant. The plaintiff’s complaint alleged negligence in the first count,…

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Motor Vehicle Law: The United States District Court for the District of Connecticut grants defendant’s motion to dismiss due to plaintiffs’ failure to comply with discovery

The plaintiffs filed this suit against the defendant in Connecticut Superior Court following a motor vehicle collision. The plaintiffs claimed that the collision was caused by the negligence of an employee of the defendant during the scope of such employment…

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Janis K Malec

Insurance Coverage: Court finds that the individual’s mental state is not a material fact required for the insurance policy’s assault and/or battery coverage to apply

This is an insurance coverage dispute stemming from the death of an individual who was shot on the premises of the defendant, Ryan’s Pub, LLC. The defendant is an insured of the plaintiff, Tudor Insurance Company. In the underlying lawsuit,…

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