| In This Issue |
New London County Mutual Ins. Co. v. Nantes: The Connecticut Supreme Court Expands the Scope of the Automobile Exclusion to Homeowner's Policies
Insurers Should Be Wary of Emergency Services Charges
Superior Court Strikes Bad Faith and CUTPA Counts In Insurance Dispute
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Associates
Joseph J. Arcata, III
Peter R. Meggers
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New London County Mutual Ins. Co. v. Nantes: The Connecticut Supreme Court Expands the Scope of the Automobile Exclusion to Homeowner's Policies
By Daniel J. Krisch, Esq.
 The insured under a standard homeowner's policy parks her car in her garage when she arrives home from work, but absent-mindedly leaves the car running all night, which causes her house to fill with carbon monoxide. Two guests in her home suffer neurological damage from carbon monoxide poisoning and injuries while being dragged from the home as a result. Are their injuries covered under the policy, or excluded as arising out of the use of a motor vehicle? |
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In an effort to raise revenue during trying economic times, some municipalities have turned to the practice of billing insurance companies for emergency services rendered to insureds at the scenes of motor vehicle accidents and fires. The municipalities typically employ private billing companies which send invoices directly to insurance companies seeking reimbursement for costs associated with emergency services such as clean-up costs and costs for materials and equipment. Generally, the invoices are vague and do not contain a detailed description of the reasons for the charges. Moreover, the invoices are usually sent directly to the insurance company rather than to the insured. Insurers should be wary of paying such charges without investigating and confirming their obligation to do so.
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In Chestnut Inv., LLC v. Nautilus Ins. Co., 2012 Conn. Super. LEXIS 95 (Conn. Super. Ct. Jan. 6, 2012) (Wilson, J.), Halloran & Sage's Insurance Coverage Group moved successfully to strike two extracontractual counts against its insurance company client, one count sounding in common law bad faith and the other count sounding in statutory violations of the Connecticut Unfair Trade Practices Act ("CUTPA").
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