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INSURANCE COVERAGE: District Court grants insurer’s motion for summary judgment, holding that plaintiff’s claims fell within controlled substances exclusion

The plaintiff brought a wrongful death suit against a homeowner in 2015, alleging that the plaintiff’s fourteen-year-old daughter attended a party at the defendant’s house where heroin was available and used by the plaintiff’s decedent.  The homeowner’s insurer refused to…

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MOTOR VEHICLE TORTS: Superior Court strikes plaintiff’s allegation that defendant drove recklessly where plaintiff failed to plead specific facts to support conclusory claim

The plaintiff brought suit against the defendant based on injuries he sustained in a motor vehicle collision. In the first count of his complaint, plaintiff alleged his injuries were caused by the defendant’s negligence, and in the second count, plaintiff…

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PERSONAL INJURY: Superior Court holds car owner who loaned vehicle to driver while driver’s own car was being repaired not vicariously liable for driver’s negligence

The defendant driver was operating a vehicle loaned to him by the defendant auto body shop that was painting his vehicle when he was involved in a motor vehicle accident.  The plaintiff sued the driver for negligence and the auto…

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INSURANCE LAW: An insured’s written request for a lesser amount of uninsured motorist coverage complied with statutory requirement was a question for the court, not the jury

Plaintiff, who was injured in a motor vehicle accident, sued the other driver and two insurers, including the insurer of a corporate owner of a fleet of cars for uninsured/underinsured coverage. The plaintiff alleged that insurer’s policy provided $1 million…

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