Halloran & Sage’s insurance law group obtained an appellate victory in a case involving an issue of First Impression in Connecticut. In Martinez v. Empire Fire & Marine Ins. Co.,151 Conn. App. 213 (Slip. Op. June 24, 2014), the Appellate Court held that an insurer did not have an obligation to pay an underlying judgment against its insured. Specifically, the Appellate Court held that the MCS-90 Endorsement appended to the policy issued by the insurer was not triggered since the insured’s vehicle, which was not listed on the insurance policy, was not being operated as a “for-hire” motor carrier at the time of the accident. In so holding, the Appellate Court applied the “trip-specific approach,” which the majority of courts have adhered to when determining the applicability of the MCS-90 Endorsement. On that basis, the Appellate Court ruled in favor of Halloran & Sage’s client, Empire Fire & Marine Insurance Company, on its alternate ground for affirmance.

Currently, certification has been granted in this case and the Connecticut Supreme Court will be reviewing the decision.