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Connecticut Insurance Law

Michael Taylor, Karen Dowd , Brendon P. Levesque

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Connecticut Insurance Law provides an understanding of insurance coverage issues in Connecticut, as well as a starting point for addressing the issues the practitioner may be facing.  This book focuses on the following topics:

        

        Principles of Insurance

        Policy Interpretation

        Insurance Contracts

        Third-Party (Liability) Coverage

        First Party (Life and Property) Coverage

        Uninsured and Under insured Motorist Coverage

        Excess and Umbrella Coverage

        Reinsurance

        Litigation of Coverage Disputes


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  • Availability: Available
  • Brand: The Connecticut Law Tribune
  • Product Type: Books
  • Edition: 2
  • Page Count: 500
  • ISBN: 978-1-57625-644-2
  • Pub#/SKU#: QBKINSU2
  • Volume(s): 1

Author Image
  • Michael Taylor
Michael S. Taylor is a partner at Horton, Shields & Knox, P.C. in Hartford, Connecticut. He is admitted to practice in Connecticut state courts as well as in the United States District Court for the District of Connecticut, the United States Court of Appeals for the Second Circuit, and the United States Supreme Court. Taylor joined the firm after working for a large litigation firm handling insurance coverage, bad faith litigation, insurance defense and appellate matters. He continues his appellate, insurance coverage and litigation practice. Taylor is a member of the American Bar Association’s Council of Appellate Lawyers and has served as Secretary and a member of the Executive Committee of the Connecticut Bar Association’s Insurance Law Section. He also currently serves on both the Insurance Law Committee and Appellate Advocacy Committee of the Defense Research Institute and as Chair of the Young Lawyers Section of the American Counsel Association. In 2004, Taylor received the Connecticut Law Tribune’s New Leaders of the Law award for his contribution to the development of insurance law in Connecticut. He has lectured and written on insurance matters and on appellate practice and procedure. In August, 2009, Taylor, with Daniel Krisch, co-authored The Encyclopedia of Connecticut Causes of Action. He also annually co-authors the Connecticut Practice Book Annotated, Vol. 1, by Wesley W. Horton and Kimberly A. Knox.
Also by Michael Taylor:
Encyclopedia of Connecticut Causes of Action


Author Image
  • Karen Dowd

Karen L. Dowd is a partner at Horton, Shields & Knox, P.C. in Hartford, Connecticut. She is admitted to practice in Connecticut state courts as well as in the United States District Court for the District of Connecticut, the United States Court of Appeals for the Second Circuit, and the United States Supreme Court. Her practice includes trial and appellate litigation in Connecticut state and federal courts, insurance law and the representation of attorneys in professional responsibility matters.

Dowd served as Chair of the Connecticut Bar Association Litigation Section from 2005 to 2007 after serving as an officer for the prior four years. She continues to serve on the Litigation Section Executive Committee. Dowd is a member of the Professional Discipline Committee and a member of the Connecticut Defense Lawyers Association.

Dowd previously taught written and oral advocacy in the Moot Court interterm at the University of Connecticut School of Law. Dowd also co-authors the annual Connecticut Practice Book Annotated, Vol. 1, by Wesley W. Horton and Kimberly A. Knox, providing author's comments to chapters on pleadings, motions, and fees and costs.



Author Image
  • Brendon P. Levesque

Brendon P. Levesque is a partner at Horton, Shields & Knox, P.C. in Hartford, Connecticut. He is admitted to practice in Connecticut state courts as well as in the United States District Court for the District of Connecticut, and the United States Court of Appeals for the Second Circuit. Attorney Levesque joined the firm after clerking for now Chief Judge of the Connecticut Appellate Court, Alexandra DiPentima. Levesque represents clients in insurance coverage matters, defense, professional responsibility, and appellate practice.

Levesque is a member of the Connecticut Bar Association Litigation section as well as the Association of Professional Responsibility Lawyers. Levesque was selected for inclusion in Super Lawyers as a Connecticut Rising Star in 2010 and 2011. He has lectured and written on professional responsibility matters and on appellate practice and procedure.

Levesque authored two chapters of The History of the Connecticut Supreme Court published in 2008. He co-authors the Connecticut Practice Book Annotated, Vol. 1, by Wesley W. Horton and Kimberly A. Knox and he and Attorney Knox co-author an annual Professional Responsibility Review.


Chapter 1

Principles of Insurance Coverage

1-1      The Nature of Insurance

1-1:1  Insurance Defined

1-1:2   Purposes of Insurance

1-2      Insurable Interest

1-2:1   Definition and Purpose of Insurable Interest

1-2:2   Interest in Property

1-2:2.1            Ownership  

1-2:2.2            Insurable Non-Ownership Interests

1-2:2.3            Reasonable expectations

1-2:3   Interest in Life or Health

1-2:3.1            Insurable Interest in Self

1-2:3.2            Insurable Interest in Others

1-3      First-Party v. Third-Party Coverage

1-3:1   First-Party Coverage

1-3:1.1            Definition

1-3:1.2            Property Coverage

1-3:1.3            Health/Life Coverage

1-3:2   Third-Party Coverage

1-3:2.1            Definition

1-3:2.2            Commercial v. Personal

1-3:2.3            Property Loss

1-3:2.4            Injury or Death

1-3:2.5            Umbrella Policies

1-4      Governmental Regulation of Insurance

 

 

Chapter 2     

Policy Interpretation

2-1      Introduction

2-2      Basic Contract Principles

2-2:1   Types of Disputes

2-2:2   Offer/Acceptance

2-2:3   Meeting of the Minds

2-2:4   Application as Part of Policy

2-2:5   Compliance with Contract Terms

2-3      Basic Interpretation Principles

2-3:1   Terms of the Policy

2-3:2   Incorporation of Other Documents

2-3:3   Statutory Construction

2-3:4   Plain Meaning Rule/Intent of the Parties

2-4      Ambiguity in Policy Terms

2-4:1   What Constitutes Ambiguity

2-4:2   Construction of Ambiguous Terms

2-5      Use of Extrinsic Evidence

2-5:1   When Extrinsic Evidence Can be Used

2-5:2   Permissible Forms of Extrinsic Evidence

2-5:2.1            Demonstrative Evidence

2-5:2.2            Legislative History

2-5:2.3            Expectations

2-6      Interpretation Against Insurer (Contra Proferentem Rule)

2-6:1   Explanation of Rule

2-6:2   Application

2-6:3   Exceptions

2-7      Application of Public Policy

 

 

Chapter 3

Insurance Contracts

3-1      Formation

3-1:1   Generally

3-1:2   Application

3-1:2.1            Insured's Duty to Disclose During Application

3-1:2.2            Insured's Duty to Disclose Post Application

3-1:2.3            Consequence of Material Misrepresentation

3-1:2.3a         Rationale

3-1:2.3b         Materiality

3-1:2.3c         Omission

3-1:2.3d         Innocent Misrepresentation

3-1:2.3e         Intentional Misrepresentation

3-1:3   Binders

3-1:4   Payment of Premium

3-1:5   Delivery of Policy

3-2      Common Contract Provisions

3-2:1   Who is An Insured

3-2:2   Insuring Agreement

3-2:3   Definitions

3-2:4   Exclusions

3-2:4.1            Burden of Proof

3-2:5   Conditions

3-2:5.1            Duty of Good Faith and Fair Dealing

3-2:5.2            Duty to Give Timely Notice

3-2:6   Riders, Amendments and Endorsements

3-2:6.1            Riders/ Endorsements Defined

3-2:6.2            Amendments Defined

3-2:7   Policy Period

3-2:7.1            Occurrence

3-2:7.2            Claims Made

 

 

 

Chapter 4

Third-Party (Liability) Coverage

4-1      Introduction

4-2      Insuring Agreement

4-2:1   Occurrence Coverage

4-2:2   Claims-Made Coverage

4-2:3   Coverage Under Binder

4-3      Who Is an Insured

4-3:1   Individuals

4-3:2   Businesses/Corporate Entities

4-4      Specific Policy Types

4-4:1   CGL

4-4:1.1            Bodily Injury

4-4:1.2            Property Damage

4-4:1.3            Business Loss

4-4:1.4            Third-Party Indemnification

4-4:1.5            Environmental Coverage

4-4:2   Homeowners

4-4:3   Motor vehicle

4-4:4   D&O/ E&O

4-5      Policy Period

4-6      General Conditions

4-6:1   Notice Requirement

4-6:1.1            Proof of Loss

4-6:1.2            Time for Giving Notice

4-6:1.3            Failure to Give Notice -- Prejudice Analysis                                       

4-6:2   Duty to Cooperate

4-6:2.1            Statements to Insurer

4-6:2.2            Production of Tangible Information

4-6:2.3            Inspections

4-6:2.4            Duty not to Compromise Without Involvement of Insurer

4-7      General Exclusions

4-7:1   Arising out of

4-7:2   Sudden and Accidental

4-7:3   Expected or Intended

4-7:4   Burden of Proof

4-8      Duty to Defend

4-8:1   Four Corners Rule

4-8:2   Reservation of Rights

4-8:3   Damages for Refusal to Defend

4-8:4   Complaints Alleging Covered and Non-Covered Claims

4-8:5   Duty to Investigate

4-8:6   Ambiguities

4-8:7   Pre-Notice Costs

4-8:8   Defense Concurrent with Coverage Litigation

4-8:9   Selection of Defense Counsel   

4-8:10 Appeal Covered by Duty to Defend

4-9      Duty to Indemnify

4-9:1   Distinguished from Duty to Defend

4-9:2   Punitive Damages

4-9:3   Interest

4-9:3.1            Post-Judgment Interest

4-9:3.2            Offer-of-Compromise Interest

4-9:4   Effect of Breach of Duty to Defend

4-9:5   Fraud or Collusion by Insured

4-9:6   Settlement Without Consent of Insurer

4-10    Duty to Settle

4-10:1 General Duty to Settle

4-10:2 Settlement Demands in Excess of Policy Limits

 

 

Chapter 5 First-Party (Life and Property) Coverage

5-1      Introduction

5-2      Life Insurance

5-2:1   Parties to the Life Insurance Policy

5-2:1.1            Insured

5-2:1.2            Policyholder

5-2:1.3            Beneficiary

5-2:2   Duties of Insurer

5-2:2.1            Common Law Obligations

5-2:2.2            Statutory Obligations

5-2:3   Duties of Insured or Policyholder

5-2:3.1            Intentional Misrepresentation

5-2:3.2            Conditions Within the Policy

5-2:4   Recovery of Life Insurance Policy Proceeds

5-2:4.1            Proof of Loss

5-2:4.2            Insurer's Obligations

5-2:4.3            Dispute over Proceeds

5-2:4.4            Proceeds of the Policy

5-3      Health

5-3:1   Who Is an Insured

5-3:2   Notice Requirements

5-3:3   Insurer's Power to Rescind, Cancel or Limit Coverage

5-3:4   The Insured's Power to Appeal an Adverse Determination

5-3:5   Covered Losses

5-3:6   Exclusions

5-3:7   Specific Types of Health Insurance

5-4      Fire

5-4:1   Who Is an Insured

5-4:2   Notice Requirements

5-4:3   Conditions

5-4:3.1            Duty to Cooperate

5-4:3.1.1        Examination Under Oath

5-4:3.1.2        Fraud and Concealment

5-4:4   Civil Arson Defense

5-4:5   Covered Causes of Loss

5-4:6   Cancellation

5-4:7   Homeowners Insurance

5-4:7.1            Personal Property

5-4:7.2            Exclusions

5-4:7.3            Conditions and Limitations

5-4:8   Automobile Property Coverage

5-4:8.1            Who Is an Insured

5-4:8.2            Covered Loss

5-5      Third-Party Interests in First-Party Insurance

5-5:1   Subrogation

5-5:2   Creditors

 

 

Chapter 6

Uninsured and Underinsured Motorists Coverage

6-1      Introduction

6-2      Basics of Connecticut Uninsured/Underinsured Motorist Law

6-2:1   Mandatory Coverage

6-2:2   Purpose

6-2:3   Statutory Basis

6-2:4   Expansion or Reduction of Uninsured/Underinsured Motorist Coverage

6-2:4.1            Original Coverage Mandate

6-2:4.2            Additional Coverage

6-2:4.3            Lesser Coverage

6-2:4.4            Conversion Coverage

6-2:5   Interpretation and Construction of Uninsured/Motorist Coverage

6-2:6   Exhaustion of Available Coverage

6-2:7   When Claim Can Be Brought

6-3      Who is An Insured

6-4      What is An Uninsured or Underinsured Motor Vehicle

6-4:1   Determination of Coverage Required

6-4:2 Tortfeasor's Coverage

6-4:3  Insured's Coverage

6-5      Use of a Vehicle

6-6      Exclusions

6-7      Damages

6-7:1   Generally

6-7:2   Reductions to Damages

6-7:3   Bystander Emotional Distress Damages

6-7:4   Compensatory v. Punitive Damages

6-7:5   Interest Awards

6-7:6   Collateral Source Rule

Chapter 7

Excess and Umbrella Coverage

7-1      Types of Coverage

7-2      Other Insurance Clauses Are Not Excess Insurance Policies

7-3      Interpretation of Policies

7-4      Duties of Insured

7-4:1   Notice Requirements

7-4:2   Duty to Cooperate

7-5      Duties of Insurer

7-5:1   Duty to Defend

7-5:2   Duty to Indemnify

7-5:3   Duty to Settle

7-5:4   Duty of Excess Insurer to the Insured

7-5:5   Duty of Good Faith Between Primary and Excess Insurers

 

 

Chapter 8

Reinsurance

8-1      Basic Principles of Reinsurance

8-1.1   Types of Reinsurance

8-1.2   Forms of Reinsurance Policies

8-1.3   Types of Reinsurance Agreements

8-2      Interpretation

8-3      Specific Clauses in Reinsurance agreement

8-3.1   Follow the Fortunes

8-3.2   Follow the Settlement

8-3.3   Following Form

8-4      Duty of the Reinsurer

8-5      Duty of the Reinsured

8-6      Relationship Between the Reinsurer and the Original Insured

8-7      Rescission of the Reinsurance Contract

8-8      Notice and Prejudice

8-9      Reinsurance Intermediaries and the Reinsurance Intermediary Act

 

 

Chapter 9

Litigation of Coverage Disputes

9-1      Introduction

9-2      Declaratory Judgment Actions 

9-2:1   Basis for Seeking Declaratory Relief

9-2:2   Timing of Suit

9-2:2.1            Before Underlying Judgment

9-2:2.2            After Underlying Judgment

9-2:3   Venue

9-2:4   Necessary Parties

9-2:5   Permissible Additional Claims

9-2:6   Remedies

9-3      Breach of Contract Actions

9-3:1   Timing of Suit

9-3:1.1            Before Underlying Judgment

9-3:1.2            After Underlying Judgment

9-3:2   Damages

9-4      Trial of Coverage Disputes

9-4:1   Summary Judgment

9-4:2   Mediation

9-4:3   Jury Issues

9-4:4   Choice of Law

9-5      Discovery

9-5:1   Written Discovery

9-5:1.1            Interrogatories

9-5:1.2            Requests for Production

9-5:1.2.1        As to the Insurer

9-5:1.2.1.1     Claims File

9-5:1.2.1.2     Underwriting File

9-5:1.2.1.3     Reserve Documents

9-5:1.2.1.4     E-discovery

9-5:1.2.2        As to the Insured

9-5:1.3            Requests to Admit

9-5:2   Depositions

9-5:2.1            Insurance Personnel

9-5:2.2            Insured

9-5:2.3            Third-Party Plaintiffs

9-5:2.4            Third-Party Witnesses

9-6      Policy interpretation

9-7      Assignment of Insured's Interests

 

 

Chapter 10

Extracontractual Liability

10-1    Introduction

10-2    Bad Faith Claims

10-2:1 Common Law

10-2:1.1         Implied Covenant of Good Faith and Fair Dealing

10-2:1.2         Breach of Contract

10-2:1.3         Conflict of Interest Between Insurer and Insured

10-2:1.4         Fraud

10-2:1.5         Intentional Infliction of Emotional Distress

10-2:1.6         Negligent Infliction of Emotional Distress

10-2:2 Statutory Bases

10-2:2.1         CUTPA

10-2:2.2         CUIPA

10-3    Wrongful Refusal to Settle

10-3:1 Where Settlement is Possible Within the Policy Limits

10-3:2 Where Liability is Not at Issue

10-3:3 Effect of Demand in Excess of Policy Limits

10-3:4 Obligation to Inform Insured of Demand

10-3:5 Conditional Settlements

10-3:6 Failure to Investigate

10-3:7 Failure to Defend

10-4    Discovery in Bad Faith Actions

10-5    Damages

10-5:1 Payment for Judgments Over the Policy Limits

10-5:2 Attorney's Fees

10-5:3 Contractual Damages

10-5:4 Punitive Damages

10-5:4.1         Defined        

10-5:4.2         Basis for Punitive Damage Award

10-5:4.2.1      Breach of Contract

10-5:4.2.2      Breach of implied covenant of good faith

10-5:4.2.3      CUTPA/CUIPA

10-5:4.3         Consequential Damages

10-6    Special Defenses in Bad Faith Actions

 

 

Chapter 11

 Allocation and Primacy Issues

11-1    Introduction

11-2    Identifying the Primary Coverage

11-2:1 Policy Review

11-2:2 Other Considerations

11-3    Allocation Among Insurers

11-4    Allocation with Insured

11-5    Subrogation and Equitable Contribution

11-5:1 Between Insurers

11-5:2 As to Insureds or Third Parties

 

 

Chapter 12

Agents and Brokers

12-1    Introduction

12-2    Differences Between Agents and Brokers

12-3    Binders

12-4    Obligations

12-5    Claims

12-5:1 Failure to Obtain Proper Insurance

12-5:2 Failure to Communicate Necessary Information