Insurance Law

Decision

National Fire Insurance Company of Hartford v. Beaulieu Company, LLC

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Under the Workers' Compensation Act, Connecticut General Statutes §31-284, an employer must secure workers' compensation for its employees and C.G.S. §31-275(9) (A)(i) defines an "employee" as any person who has "entered into or works under any contract of service or apprenticeship with an employer?."

Decision

Anastasia v. General Casualty Company of Wisconsin

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An insurer is entitled to a reduction of its limits of liability for uninsured and underinsured motorist coverage by an amount equal to the sum of punitive damages paid to the insured.

Decision

Murray v. Simmons

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In an underinsured-motorist case in which the plaintiff's insurance company claims that the defendant possessed coverage and was not, in fact, underinsured, a court can reject the plaintiff's argument that proof of payment is required and that proof of insurance coverage is insufficient.

Decision

Marques v. Allstate Insurance Company

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The doctrine of collateral estoppel may be invoked offensively, in support of a party's affirmative claim against his opponent, or defensively, in opposition to his opponent's affirmative claim against him.

Decision

Kemper Independence Insurance Co. v. Hurteau

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An insurance company can file a subrogation action to collect reimbursement from a tortfeasor for damages paid to the insured.

Decision

Mamudi v. State Farm Fire & Casualty Co.

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Allegations that a defendant insurance company intended to delay, to reduce its payment to an insured, and acted willfully and knowingly, can be sufficient to state a cause of action for breach of the duty of good faith and fair dealing.

Decision

Nationwide Property and Casualty Insurance Co. v. Greater New York Mutual Insurance Co.

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A policyholder that informs the insurance company's agent it does not intend to renew the policy communicates a rejection of the offer to renew that terminates the policyholder's power to subsequently accept the offer to renew.

Decision

Arrowood Indemnity Co. v. King

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A negligent entrustment claim may arise under the policyholders' homeowners' insurance policy at the site of the injury-causing accident, as opposed to the location where the item allegedly was negligently entrusted or was housed.

Decision

Laugeni v. St. Paul Fire & Marine Insurance Co.

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An insurance policy that excludes damages for "loading or unloading" "any auto" can provide an exception for "bodily injury" or "property damage" that results from parking an auto, and the exception will not be construed to be restricted to valet parking, absent explicit language.

News

Pro Bono Lawsuit Filed Against Insurance Company For Damages From Fire

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As many storm-battered policy holders are beginning to realize in the wake of Hurricane Sandy, nothing is easy when it comes to resolving insurance claims.