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

August 17, 2021
Peter K. O'Keefe
Insurance

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: Appellate Court rejects argument that pedestrians struck by vehicles experience more emotional distress than drivers struck by vehicles

December 8, 2020
Peter K. O'Keefe
Auto Accidents

The plaintiff in this underlying action was struck by a police cruiser when she was crossing a street on her lunch break from her job at the Yale Art Gallery. The plaintiff sued Officer Brendan Hosey and the City of…

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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

September 16, 2020
Peter K. O'Keefe
Auto Accidents

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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TORT LAW: Supreme Court overturns liability ruling in case where stolen cab was driven on a sidewalk and hit a pedestrian

The plaintiff was injured when two tortfeasors stole a cab owned by the defendant, after the driver left the keys in the ignition of the unlocked cab in a high crime area, and the tortfeasors attempted to flee the scene…

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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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MUNICIPAL LAW: Connecticut Supreme Court overturns eighty-year-old precedent that municipality could be held liable for negligent maintenance of drains and sewers

Plaintiffs brought suit against the Town of Naugatuck for negligent maintenance of storm drains resulting in flooding of their property eight times in three years. The plaintiffs relied on Supreme Court case Spitzer v. Waterbury, 113 Conn. 84, 88, 154…

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INSURANCE LITIGATION: Appellate Court holds umbrella policy not invalidated where insured fails to maintain requisite level of underlying coverage

February 14, 2019
Peter K. O'Keefe
Insurance

The plaintiff was a passenger in a van that crashed into a building, causing him severe injury. The van was covered by a primary commercial business policy with a limit of $300,000 issued to the driver’s employer. The plaintiff and…

Peter K. O'Keefe

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

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

MOTOR VEHICLE LAW: Appellate Court rejects argument that pedestrians struck by vehicles experience more emotional distress than drivers struck by vehicles

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

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

TORT LAW: Supreme Court overturns liability ruling in case where stolen cab was driven on a sidewalk and hit a pedestrian

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

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

MUNICIPAL LAW: Connecticut Supreme Court overturns eighty-year-old precedent that municipality could be held liable for negligent maintenance of drains and sewers

INSURANCE LITIGATION: Appellate Court holds umbrella policy not invalidated where insured fails to maintain requisite level of underlying coverage

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