Connecticut Attorneys Achieve Dismissal in Insurance Coverage Case
Simsbury attorneys Kathleen F. Adams and Aaron P. Cruz recently obtained dismissal on behalf of our insurance company client in the Connecticut Superior Court in a case that involved a motor vehicle collision and the related uninsured motorist coverage.
In April 2019, Plaintiff was driving her personal motor vehicle to make a delivery in Hartford, Connecticut, when a motor vehicle driven by a third-party tortfeasor entered the intersection and struck Plaintiff’s vehicle. Plaintiff alleged she sustained cervical and thoracic spine injuries during the collision. Subsequently, Plaintiff sought uninsured motorist coverage under our client’s commercial auto policy for personal injuries, and brought a claim for pain and suffering.
Through discovery and the filing of a motion for summary judgment, our attorneys Kate and Aaron argued that our client’s insurance policy was not applicable because the policy’s clear and unambiguous language explicitly stated that uninsured motorist coverage is not provided. Moreover, Connecticut law does not require uninsured/ underinsured motor vehicle coverage where the named insured is not the owner of the subject vehicle. Lastly, the policy was not applicable as it was an excess policy, to which Connecticut regulations involving uninsured/underinsured motorist coverage does not apply.
Following the filing of the motion for summary judgment, Plaintiff withdrew their action as to our client in May 2022 and relieved our client of any liability or obligation in relation to the lawsuit.
Kate is an experienced litigator with extensive experience analyzing first– and third-party coverage issues. Her insurance coverage practice includes the litigation of a broad range of coverage issues under automobile liability, commercial general liability, homeowners policies and property policies, as well as claims for bad faith, unfair insurance practices and extra-contractual liability.
Aaron focuses his practice in the areas of insurance coverage, employment and labor law, workers’ compensation and non-medical professional liability. He represents insurance companies in litigation disputes and advises employers on breach of contract, wrongful termination, discrimination and sexual harassment claims.