Issue of What Constitutes a “Collapse” Sent to Connecticut Supreme Court

There are more than fifty insurance cases pending in Connecticut courts against insurance companies arising from the denial of insurance claims under homeowner property policies for damage to homes due to defective concrete used in construction of the homes dating back to the late 1980s. The property damage claims arise... Read more →


CONNECTICUT SUPREME COURT: INSURER MAY PURSUE SUBROGATION FOR PROPERTY DAMAGE CAUSED BY TENANT’S NEGLIGENCE

Equitable subrogation is a common law doctrine that permits an insurance company which has paid its insured for a loss covered under an insurance policy to substitute itself for the insured and proceed against a third party for a loss caused by the third party. The doctrine of equitable subrogation... Read more →


EQUITABLE DOCTRINE OF SUBSTANTIAL PERFORMANCE DOES NOT EXCUSE INSURED’S FAILURE TO COMPLY WITH MATERIAL TERM OF INSURANCE CONTRACT

The Connecticut Appellate Court ruled in 21st Century North American Insurance Company v. Perez, 177 Conn.App. 802 (2017), that an insured may not avoid cancellation of an automobile insurance policy for failure to pay the full amount of an installment premium due by payment of a substantial portion of the... Read more →


Travelers Liable for Negligent Infliction of Emotional Distress For Denial of Insurance Claim Based on False Accusation of Arson

“Deep are the sorrows that spring from false ideas for which no man is culpable.” The Connecticut Appellate Court relied on this quote from George Eliot’s novel, Silas Marner, about a man falsely accused of stealing, as partial justification for affirming a trial court judgment holding Travelers Home and Marine... Read more →


Is an Insurer Obligated to Warn Policyholders of the Presence of Mold in Insured Premises?

I have had policyholders complain to me about the fact that an insurance company did not advise them about the scope of damage from a particular loss. Until recently, no Connecticut court had decided whether an insurance company has a duty to inform its policyholder of the presence of mold... Read more →


Connecticut Supreme Court Rules that Motor Carrier Public Liability Endorsement Does Not Apply to Intrastate Transportation

In a case of interest to motor carrier policyholders and risk managers, the Connecticut Supreme Court has ruled that a federally mandated insurance endorsement that requires insurers to pay certain liability judgments against a motor carrier even if the insurance policy otherwise excludes coverage only applies when a motor carrier... Read more →


Insurer Must Defend Class-Action Suit Alleging Unauthorized Disclosure of Medical Records

In a recent decision of interest to corporate policyholders exposed to liability claims for data breaches or unauthorized disclosure of confidential information, a federal circuit court of appeals has ruled that coverage for liability claims arising from the unlawful exposure of medical records over the internet may exist under a... Read more →


IS AN INSURER'S RIGHT TO CANCEL AN INSURANCE POLICY FOR NON-PAYMENT OF PREMIUM ABSOLUTE?

There is an old adage in the legal profession that bad facts can make bad law. A recent Connecticut Superior Court decision serves as an example that an insurer’s right to cancel an insurance policy for nonpayment of premium is not absolute. In 21st Century North America Insurance Company v.... Read more →


INCONTESTABILTY CLAUSE IN LIFE INSURANCE POLICY RENEWED UPON POLICY REINSTATEMENT

Insurance companies may rescind an insurance policy that was issued based upon fraud. When a party has been induced by fraud to enter into a contract, the party may rescind the contract and recover restitution or it may affirm the contract and recover damages caused by the fraud. Situations may... Read more →


INSURER LIABLE FOR PRE-TENDER DEFENSE FEES AND PREJUDGMENT INTEREST

I recently wrote an article published in the Connecticut Law Tribune about the Massachusetts Supreme Court’s decision in Boyle v. Zurich American Ins. Co., 36 N.E.3d 1229 (Mass. 2015), in which the Court held Zurich Insurance Company liable for a default judgment entered against its insured notwithstanding that the insured... Read more →