Insurance Law Feed

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 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 →


Extrinsic Evidence May Not be Used to Avoid Duty to Defend Additional Insured

A Connecticut trial court recently ruled that a liability insurer breached its duty to defend the City of Waterbury as an additional insured under a tenant’s liability insurance policy. The insurer failed to defend the city in a lawsuit seeking damages for personal injuries sustained by a patron of a... Read more →


Is an Excess Liability Insurer Required to Provide Coverage When the Primary Insurer is Insolvent?

Corporations and property owners faced with toxic tort and environmental claims arising from alleged exposure to toxins spanning many years often need to evaluate insurance coverage available under multiple insurance policies issued by different insurance companies over different years. Issues arise when one or more insurance companies who issued such... Read more →


Insurance Coverage Action Filed With Court But Not Timely Served Barred by Insurance Policy Suit Limitations Clause

In a previous entry I referenced the fact that there are many lawsuits pending in Connecticut against insurance companies that involve disputed claims arising from damage that homeowners in Northeast Connecticut have suffered due to defective concrete used in the construction of their homes. A Connecticut federal court recently dismissed... Read more →


Insurer Not Entitled to Dismissal of Claim Arising from Cracking and Decay of Basement Walls Under Homeowner Property Policy

According to recent Connecticut news reports, many homeowners in Northeast Connecticut have suffered damage to their homes caused by severe cracking of concrete in the basement walls of their homes that is believed to be the result of a chemical compound known as pyrrhotite in stone used as concrete Reports... Read more →