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.
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New London County Mutual Insurance Company v. Bialobrodec
Connecticut Appellate Court
August 20, 2012
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