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The following summaries are intended to provide quick summaries of some aspects of recent CT legal developments on accident and insurance issues. Most of these matters were not handled by Jackson O’Keefe, LLP. The summaries are provided as a news summary only. The summaries are not comprehensive, and readers are referred to the primary sources for full details. These summaries are not legal advice. You should consult with an attorney with regard to your situation.

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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Motor Vehicle Law: Supreme Court of Connecticut holds that governmental immunity for discretionary acts does not bar claims of negligence arising out of the operation of an emergency vehicle

The Connecticut Supreme Court addresses whether the special defense of governmental immunity for discretionary acts bars claims of negligence against drivers operating an “emergency vehicle” pursuant to the privileges provided by the emergency vehicle statute, General Statutes § 14-283. On…

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Insurance Coverage: Court finds insurance company’s underinsured motorist provision applicable even though collision did not occur in the policy’s covered auto

The plaintiffs commenced this action seeking underinsured motorist coverage benefits from four insurers, including the defendant, Ohio Casualty Insurance Company. The plaintiff alleges that he was operating a motor vehicle insured by Markel Insurance Company on Interstate 78 in Pennsylvania…

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Insurance Coverage: University employee operating rental vehicle is found to be covered by university’s uninsured/underinsured motorist benefits

In this action to recover underinsured motorist benefits, the insured-plaintiff appeals from the judgment of the trial court rendering summary judgment for defendant, Phoenix Insurance Company. On November 16, 2017, the plaintiff was operating a rental vehicle on her way…

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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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Insurance Coverage: Court finds that insured’s policy is void due to material misrepresentation of facts and holds that insurance company has no duty to defend or indemnify

The plaintiff, Providence Mutual Fire Insurance Company, brings a declaratory judgment action seeking a declaration that it has neither a duty to defend nor indemnify the defendant in connection with a personal injury action brought against him. The underlying action…

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Motor Vehicle Law: Plaintiff presents sufficient evidence to recover damages for injuries caused in a motor vehicle accident but fails to present sufficient evidence to support an award for compensatory damages as to his daughter’s injuries

The present matter arises out of a motor vehicle accident between the plaintiff and defendant. The court states that the determination of damages involves a question of fact and when damages are claimed, they are an essential element of the…

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