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.

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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MODE OF OPERATION: Superior Court upholds ruling in favor of defendant on Motion to Dismiss, as Mode of Operation is not a new cause of action where plaintiff previously brought suit under negligence theory

The Superior Court denies defendant’s Motion to Reargue reaffirming the court’s granting of defendant’s Motion to Dismiss pursuant to the prior pending action doctrine.  The defendant filed the Motion to Dismiss arguing that the plaintiff’s mode of operation claim was…

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INSURANCE COVERAGE: Superior Court holds no duty to defend where mental distress and no physical injury alleged, and conduct alleged could only be described as deliberate, orchestrated, and intentional

A Waterbury Superior Court Judge held that USAA Insurance Company had no duty to defend the insured where the claims brought against the insured sounded in invasion of privacy, defamation, intentional infliction of emotional distress, negligent infliction of emotional distress,…

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CONTRACTUAL INDEMNITY: Superior Court denies Motion for Summary Judgment as provision to indemnify and hold harmless in construction contract is found to be ambiguous, creating a genuine issue of material fact

The defendant, HOTH, moved for partial summary judgment on the issue of duty to defend and indemnity pursuant to provisions in construction contracts.  The defendant argued that pursuant to the provisions of the construction contract the contractor was obligated to…

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