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INSURANCE LAW: Waterbury judgment of over $23 million allocated in part to uninsured motorist carrier, then to be reduced to zero per policy limit, reduction for liability payment under same policy

The plaintiff brought action against the defendant school bus driver for negligence and Utica Mutual Insurance Company for uninsured motorist coverage for a hit and run driver. The defendant school bus collided with the unidentified vehicle, causing the school bus…

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INSURANCE COVERAGE: Trial court denies motion to strike, allowing the defendant to file an apportionment claim against the plaintiff’s insurance company for uninsured motorist

The plaintiffs brought a negligence action against the defendant and an apportionment plaintiff, Lanina Fulton, for alleged injuries sustained while they were driving on Interstate 84. Fulton allegedly swerved her vehicle into the plaintiff’s vehicle, causing damages and injuries. In…

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INSURANCE COVERAGE: Federal District Court denies summary judgment on issue of duty to defend under claims-made policy based on prior notice of claim

In this action for damages and declaratory relief the plaintiffs alleged that the defendant, Arch Insurance Company breached its duty to defend or indemnify Juliano Associates under a claims-made insurance policy. The plaintiffs hired Juliano Associates to make improvements to…

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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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