The mission of the Connecticut Judicial Branch is to serve the interests of justice and the public by resolving matters brought before it in a fair, timely, efficient and open manner.

Insurance Law Appellate Court Opinion

by Roy, Christopher


AC43755 - Lift-Up, Inc. v. Colony Ins. Co. ("In this declaratory judgment action, the substitute plaintiffs, Dennis Kinman (Kinman) and Amy Kinman (jointly, Kinmans), appeal from the summary judgment rendered by the trial court in favor of the defendant Colony Insurance Company (Colony) on the Kinmans' amended complaint and Colony's counterclaim.The litigation centers on whether Colony had a duty to defend the original plaintiffs, Lift-Up, Inc. (Lift-Up) and its president, Bruce Kutner, in a personal injury action that the Kinmans had brought against them. On appeal, the Kinmans' principal claim is that in granting Colony's motion for summary judgment, the court improperly construed the allegations of the operative complaint and the terms of the garage liability policy that Colony had issued to Lift-Up.More to the point, the Kinmans claim that the court improperly concluded as a matter of law that their injuries were not caused by an accident that resulted from Lift-Up's garage operations but, rather, arose out of Kutner's assault, battery, or assault and battery, for which the policy provides no coverage. The Kinmans also claim that the court improperly (1) ignored extrinsic evidence that they argue supported their claim that Colony had a duty to defend and (2) predicated its ruling on allegations of intentional and/or reckless conduct that were properly pleaded in the alternative. We affirm the judgment of the trial court.")