As stated in the 2011 Connecticut Appellate Court case of Luster v. Luster, "[f]acual allegations contained in pleadings upon which the case is tried are considered judicial admissions?" and in this declaratory judgment action brought by an insurer concerning a motor vehicle exclusion in a homeowner's policy issued to parents, the facts alleged in the underlying complaint undercut the claim on appeal that a negligent supervision cause of action against the parents concerning their son stood alone and was separate from any claims arising from a motorcycle accident when the injuries for which recovery was sought arose out of the decedent's use of the son's motorcycle.
New London County Mutual Insurance Company v. Bialobrodec
Connecticut Appellate Court
August 20, 2012