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INSURANCE COVERAGE: Supreme Court reverses the Superior Court’s granting of summary judgment for insurer in a case of first impression, holding that insurer had duty to defend based on the legal uncertainty of coverage

In this action, the homeowner appealed the Superior Court’s decision of summary judgment in favor of insurer. The homeowner brought a direct action against their general contractor’s commercial general liability insurer seeking to recover default judgment in underlying negligence action,…

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DRAM SHOP LIABILITY: Court finds that establishment’s alleged policy to not refuse service to intoxicated patrons is sufficient to support reckless service claim

The defendant, Wright, allegedly sped through a stop sign and collided with the plaintiff’s vehicle, causing several injuries to the plaintiff. The Plaintiff alleged that the defendant was intoxicated at the time of the motor vehicle collision, and that earlier…

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MOTOR VEHICLE LAW: Superior Court denies motion to strike common-law and statutory recklessness counts were plaintiff alleges conscious choice of conduct

The defendant moved to strike the common-law recklessness and statutory recklessness counts of the plaintiff’s complaint.  The Hartford Superior Court denied the motion to strike, holding that the plaintiff sufficiently alleged common-law and statutory recklessness.  As to the common-law recklessness…

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PREMISES LIABILITY: Appellate Court holds that property owner owed no duty of care to those injured on abutting sidewalk, unless defect was created by owner’s actions

The Appellate Court affirms the granting of Summary Judgment for defendant, property owner, where plaintiff brought claims sounding in negligence, negligence per se, and nuisance against abutting property owner for an injury caused by a defective sidewalk.  The law holds…

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PREMISES LIABILITY: Superior Court holds ordinance requiring property owner to maintain public sidewalk only imposes a duty upon landowner owed exclusively to the city

The plaintiff brought suit against the defendant abutting landowner for negligence in failing to properly maintain the public sidewalk in front of owner’s property, causing the plaintiff’s injuries. The Superior Court granted the defendant’s Motion for Summary Judgment, holding that…

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MOTOR VEHICLE LAW: Stamford Superior Court Judge rules handicapped owner of a modified vehicle cannot be found liable for reckless entrustment of vehicle to a valet driver, who was not trained to operate such a vehicle

A Stamford Superior Court judge granted a defendant’s motion for strike plaintiff’s claim of reckless entrustment, holding that a claim for reckless entrustment of a modified vehicle cannot stand where the plaintiff’s sole claim is that the handicapped owner of…

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