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PREMISES LIABILITY: Appellate Court finds trial court mischaracterized claims of ordinary negligence as a premises liability case as to snow contractor; possession and control not required as to contractor

In the original action, the plaintiff sued the defendant Jones Landscaping after the plaintiff slipped and fell on ice and sustained various injuries. Jones Landscaping moved for summary judgment. The Superior Court granted the motion for summary judgment, finding that…

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CONTRACTUAL LIABILITY: Superior Court finds duty to defend and indemnify under contract where allegations of complaint allege negligent acts that could be attributable to duties of defendant under security contract

The court found that a security company breached its duty to defend and indemnify a mall by failing to accept the tender of a defense and failing to indemnify for damages paid to the estate of the deceased claimant. Both…

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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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PREMISES LIABILITY: Appellate Court affirms trial court’s finding that defendant store owner lacked constructive notice of puddle in store aisle

Plaintiff sued the defendant store owner for negligence after she allegedly slipped and fell on a puddle of water while shopping.  The trial court granted summary judgment for the defendant on the basis that it had no actual or constructive…

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CONTRACTOR’S DUTY TO DEFEND: Superior Court holds that business subject to same standards for defense and indemnification applicable to insurance companies

This action involved a defense and indemnity provision contained within a subcontract related to the construction of a Middletown power project.  The agreement provided in relevant part that the subcontractor would “to the fullest extent permitted by law … defend,…

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