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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 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

Halloran & Sage Successfully Defends Insurer in Negligent Failure to Settle Case

Following a trial to the court, Daniel Scapellati, of the Insurance Law Group, obtained a verdict in favor of their insurer-client in the case Carford v. Empire Fire & Marine Ins. Co., 2012 WL 4040337 (Conn.Super.), in which the plaintiff claimed that the insurer negligently failed to tender its $1,000,000 policy limit when it was […]

February 4, 2016

H & S Successfully Obtains Summary Judgment for Excess Insurer in Federal Lawsuit Stemming from a Fatal Electrical Explosion

In Northeast Utilities Service Co., et al. v. St. Paul Fire and Marine Ins. Co., et al., No. 3:08–CV–01673 (CSH) (D. Conn., July 12, 2012), the United States District Court for the District of Connecticut (Haight, J.) held that the defendant-insurers did not owe a duty to defend or indemnify the plaintiffs, Northeast Utilities Service […]

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

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

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 […]

February 4, 2016

No Coverage for Nightclub Shooting

In Hermitage Insurance Company v. Sportsmen’s Athletic Club, et al., 2008 U.S. Dist. LEXIS 65138 (D. Conn. Aug. 25, 2008), the United States District Court for the District of Connecticut (Bryant, J.) held that the plaintiff insurer did not owe a duty to defend or indemnify its insured, Sportsmen’s Athletic Club (“Sportsmen’s”), under a commercial […]

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 […]

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