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Tag: Connecticut


Connecticut Additional Insured Privity Issue – UpdateAug 31, 2016

Following up last week’s blog post: on Monday, August 29th the United States Court of Appeals for the Second Circuit issued a summary order affirming the decision in First Mercury Ins. Co. v. Shawmut Woodworking & Supply, Inc., No. 3:12-cv-01096 (D. Conn. Sept. 23, 2014) The district court held First Mercury Insurance had to defend the construction manager from negligence actions against them relating to a deadly construction accident at…

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Connecticut May Tackle Additional Insured Privity IssueAug 25, 2016

There is a split among states as to how to interpret the “contractual privity” language in endorsements. Connecticut has not yet addressed the issue. On August 22, the United States Court of Appeals for the Second Circuit heard the insurers’ appeal of the decision in First Mercury Ins. Co. v. Shawmut Woodworking & Supply, Inc., No. 3:12-cv-01096 (D. Conn. Sept. 23, 2014) (See our original Case Alert from 9/2014). The…

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Connecticut Supreme Court Grants Workers’ Compensation Exclusive Remedy Protection to Contractor Providing CCIPJul 29, 2016

Last week, we discussed how Utah Applies Workers Compensation Exclusive Remedy Protection to Wrap-Up General Contractors. This week, Connecticut did the same. On Wednesday, the Connecticut Supreme Court affirmatively extended the exclusive remedy protection to a contractor who procured workers’ compensation benefits through a CCIP. The ruling, in Elvira R. Gonzalez et al. v. O and G Industries, Inc., et al., held that a general contractor had “paid compensation benefits,”…

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The FAA Draws its Regulatory Red Line in the…Air; Which Apparently Goes All the Way to the SandJul 28, 2016

What happens when you add a remote controlled handgun and a flamethrower to a drone, and then post the results on YouTube? You get a lot of regulators very worried. The FAA issued subpoenas seeking information from the operators, who argued that the FAA did not have a legitimate purpose for its investigation since their drone was not property subject to regulation as an “aircraft”. Our latest Case Alert discusses…

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A Little Knowledge of CGL Policies Can Go A Long WayDec 09, 2015

In a recent article for the Connecticut Law Tribune, SDV’s H. Scott Williams wrote on the importance of attorneys understanding the responsibilities of both insurer and policyholder when it comes to commercial general liability (CGL) insurance… It’s no secret that insurance companies have tremendous expertise and knowledge when it comes to drafting and interpreting insurance policies. However, insurance carriers frequently rely on policy interpretations that are unsettled or inconsistent with a court’s…

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Making an Insured Whole Entails More Than a Patch JobJul 21, 2015

New England is well known for its erratic weather patterns. At its worst, such weather can lead to substantial property damage. When a loss occurs, you expect your insurance to cover the costs of bringing your property back to its pre-loss condition. However, insurance providers tend to disagree. In a recent article for the American Bar Association website, SDV’s Grace V. Hebbel and David G. Jordan write about how some…

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CT First Supreme Court to Address CGL Cyber Coverage DebateJun 30, 2015

Gregory Podolak recently published a brief article for the Insurance Coverage Litigation Section of the American Bar Association website. The Connecticut Supreme Court recently published its eagerly anticipated decision in Recall Total Info. Mgmt., Inc. v. Fed. Ins. Co. (Recall III), No. 19291, 2015 WL 2371957, at *1 (Conn. May 26, 2015), one of the first decisions of its kind addressing commercial general liability (CGL) coverage for certain types of cyber exposures….

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