| In This Issue |
Have Connecticut Courts Taken the Fast "Lane" to Stacking of Uninsured Motorist Benefits?
Superior Court Expands Potential CUTPA Liability for Insurance Industry
States Legislating the "Occurrence" of Property Damage
Summary Judgment Victory in Insurance Coverage Matter |
| Meet Our Insurance Law Group | |
Associates
Joseph J. Arcata, III
Katie Lewis Bordeau
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Have Connecticut Courts Taken the Fast "Lane" to Stacking of Uninsured Motorist Benefits?
 In Lane v. Metropolitan Property & Casualty Insurance Co., 125 Conn. App. 424 (2010), the Connecticut Appellate Court addressed a reserved question of law as to whether an insured with two separate uninsured motorist insurance policies covering the same vehicle was barred from collecting the policy limits of both policies combined. The Appellate Court answered this question in the negative, thereby allowing the plaintiff to stack benefits under two uninsured motorist insurance policies. |
Superior Court Expands Potential CUTPA Liability for Insurance Industry
By Coleman C. Duncan, Esq.
In Lawrence & Memorial Hospital, Inc. v. Health Net, Inc., 2010 Conn. Super. LEXIS 3049 (Nov. 23, 2010), the Connecticut Superior Court (Berger, J.), held that a plaintiff may properly state a claim for violation of Connecticut's Unfair Trade Practices Act ("CUTPA") based on insurance-related conduct even if that conduct does not violate Connecticut's Unfair Insurance Practices Act ("CUIPA").
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States Legislating the "Occurrence" of Property Damage
 Recently, South Carolina passed legislation altering the definition of "occurrence" in standard commercial general liability ("CGL") policies. The bill, which will be codified as S.C. CODE ANN. § 38-61-70, provides:
Commercial general liability insurance policies shall contain or be deemed to contain a definition of "occurrence" that includes:
(1) an accident, including continuous or repeated exposure to
substantially the same general harmful conditions; and
(2) property damage or bodily injury resulting from faulty
workmanship, exclusive of the faulty workmanship
itself.
Click here to read more. |
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In the matter of Robert Gatti v. Mary Foran-Knell, et al., CV-09-5030360-S, Attorney Joseph "Jay" Arcata III successfully obtained summary judgment in favor of the firm's client, Universal Underwriters Insurance Company, in an underinsured motorist coverage case which centered on a fleet policyholder's election to reduce underinsured motorist benefits for the company's employees.
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