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PERSONAL INJURY: Superior court denies plaintiff’s motion to strike apportionment complaint where, although apportionment defendant’s actions were intentional, apportionment plaintiff had adequately alleged negligent conduct

The plaintiff brought a negligence suit against a behavioral health treatment facility for children alleging that an adult woman had sexually assaulted, abused, and neglected the plaintiff while he was admitted to the facility.  The facility filed an apportionment complaint…

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INSURANCE COVERAGE: Appellate Court holds underinsured motorist benefits not triggered by accident where injured motorist not “occupying” an insured vehicle

An employee of a roofing company was exiting a company truck and walked past its rear bumper when he was struck by another vehicle.  The employee sought underinsured motorist benefits from the defendant insurer under the roofing company’s commercial auto…

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PREMISES LIABILITY: Superior Court holds lessee fails to prove that building owner had contractual duty to defend store from premises liability action

The defendant grocery store rented space from the building owner per lease terms that obligated the owner to defend and indemnify the defendant from premises liability actions arising from the use of common areas, including the exterior front store entrance.…

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PERSONAL INJURY: Superior Court holds owner’s negligent infliction of emotional distress claim against homeowner association was justified where association inexplicably delayed processing of insurance claim for repair to flood damage to condominium unit

An interior water pipe in the plaintiff’s condominium unit broke, causing extensive damage to the unit and allegedly rendering it uninhabitable for over a year.  Per the homeowner association (HOA) bylaws, the HOA was responsible for the repair to the…

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MOTOR VEHICLE TORTS: Superior Court holds that wrongful death action alleging motor vehicle accident was cause of premature birth and death of twin fetuses cannot proceed without supporting expert testimony as to causation

At the time of the motor vehicle accident at issue, the plaintiff was pregnant with twins.  Four weeks post-accident, the plaintiff gave birth prematurely at 23 weeks and the twins did not survive.  The plaintiff and her husband sued, alleging…

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MUNICIPAL LAW: Supreme Court holds that triable issue of material fact exists as to whether city fire department’s persistent and continuing failure to conduct statutorily-mandated inspections of public housing constituted reckless disregard for residents’ health and safety

Four residents of a public housing complex in Bridgeport died in a fire and the plaintiff administrator of the decedents’ estates sued the city and others, claiming that the fire resulted directly from the fire department’s past and continuing failures…

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INSURANCE LAW: Superior Court holds insured’s commission of bullying and sexual assault were not “accidental” occurrences for purposes of insurance coverage

An insured was sued by a high school classmate for sexual assault and bullying causing severe and debilitating injury.  The defendant insured sought coverage under the plaintiff’s policy and the plaintiff filed suit, seeking a declaratory judgment that it owned…

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CONTRACTOR’S DUTY TO DEFEND: Superior Court holds that business subject to same standards for defense and indemnification applicable to insurance companies

This action involved a defense and indemnity provision contained within a subcontract related to the construction of a Middletown power project.  The agreement provided in relevant part that the subcontractor would “to the fullest extent permitted by law … defend,…

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