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February 5, 2016

Sullivan v. Guzman, 42 CLR 233 (Adams, J.)

In Sullivan v. Guzman, 42 CLR 233 (Adams, J.), the Firm represented a liability insurer which took the position it had no duty to afford coverage to a defendant in an underlying liability claim. Because the tort defendant thus had no coverage, the tort plaintiff amended the underlying liability claim to add his uninsured motorist […]

February 5, 2016

Another Bad Faith Claim Successfully Stricken

The Connecticut Superior Court, Dooley, J., granted a motion to strike an insured’s bad faith claim in Trans-Clean Corp. v. Evanston Ins. Co., et al., No. FBT-CV-09-4028802 (Sept. 23, 2010).  In its complaint, the insured alleged that State Farm Mutual Automobile Insurance Company violated the duty of good faith and fair dealing by denying coverage […]

February 5, 2016

No Coverage for Assault in a Bar

In Mervin Harris v. Hermitage Insurance Company, 2009 Conn. Super. LEXIS 2723 (Conn. Super. Ct., J.D. of Hartford at Hartford, October 13, 2009), the Connecticut Superior Court (Aurigemma, J.) held that the defendant-insurer did not owe a duty to defend or indemnify its insured, D&S Entertainment d/b/a The Bar with No Name ("D&S"), under a […]

February 5, 2016

Insurer Successfully Defends Motion to Dismiss/Stay Declaratory Judgment Action

A common strategy of declaratory judgment defendants is to move to dismiss and/or stay an insurer's declaratory judgment action on the ground that the insurance coverage issues are more appropriately resolved in the underlying action.  Halloran & Sage successfully defended such a motion in the case of Mount Vernon Fire Ins. Co. v. Linarte, et […]

February 5, 2016

H & S Offers Continued Support to Capital Prep

Halloran & Sage is pleased to provide continued support and funding to Capital Preparatory Magnet School’s Learn to Ski and Ski Racing programs, which offer students of the Hartford school the opportunity to participate in skiing and snowboarding. The programs provide equipment, lift tickets and lessons at Ski Sundown in New Hartford. Dan Scapellati has […]

February 4, 2016

Insured’s Failure to Cooperate Results in No Coverage

In Selective Insurance Company v. Oliveira, 2009 U.S. Dist. LEXIS 41660 (D.Conn. May 18, 2009), the United States District Court for the District of Connecticut granted summary judgment to the carrier where the carrier asserted that, based upon the insured's lack of cooperation, it had no obligation to defend or indemnify the insured in three […]

February 4, 2016

H & S Obtains Summary Judgment in Favor Of Empire Fire & Marine Ins. Co. on an Issue of First Impression in Connecticut

On December 24, 2012, the Court, Zemetis, J., granted Empire Fire and Marine Insurance Company’s (“Empire”) Motion for Summary Judgment in a case involving an issue of first impression in Connecticut regarding the federally mandated MCS-90 endorsement.  The facts of the case can be summarized as follows: The plaintiff, Renee Martinez, filed a lawsuit against […]

February 4, 2016

Summary Judgment Victory in Insurance Coverage Matter

In the matter of Robert Gatti v. Mary Foran-Knell, et al., CV-09-5030360-S, Attorney Joseph J. Arcata, III successfully obtained summary judgment in favor of the Firm’s client, Universal Underwriters Insurance Company, in an underinsured motorist coverage case which centered on a fleet policyholder’s election to reduce underinsured motorist benefits for the company’s employees. By way […]

February 4, 2016

Another Connecticut Court Holds That There Is No Coverage For A Shooting In A Nightclub

In Tina Perkins, Administratrix of the Estate of Tyrell Harris, et al. v. Hermitage Insurance Company, 2013 WL 951373 (Conn. Super. Ct., J.D. of Ansonia-Milford, Feb. 13, 2013), the Connecticut Superior Court (Matasavage, J.), held that the defendant-insurer, Hermitage Insurance Company (“Hermitage”), did not owe a duty to defend or indemnify its insured, Kangaroo’s Nite […]

February 4, 2016

Connecticut Court Finds No Coverage for Eminent Domain Action

In Town of Branford v. Arrowood Indem. Co., et al., 2014 WL 570906 (Superior Court, J.D. of Hartford, Jan. 14, 2014), the Connecticut Superior Court (Sheridan, J.) held that the defendant-insurers, Arrowood Indemnity Company and American Alternative Insurance Company, did not owe a duty to defend or indemnify their insured, the Town of Branford, under […]

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