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Insurance Coverage and Commercial Litigation

Attorney Cramer handled an insurance coverage issue involving coverage under a commercial general liability policy. The client, an office building owner, sued a contractor after its specialty windows had been damaged by the contractor. After obtaining a $224,000 judgment against the contractor we commenced a second action against the contractor’s insurer pursuant to the direct action statute, CGS Section 38a-321. We alleged the contractor’s insurer’s denial of coverage was improper. The contractor’s insurer moved for summary judgment on the ground that certain policy provisions excluded coverage under what is known as the “business risk” exclusions contained in all commercial general liability policies. This was the first time a superior court judge in Connecticut had analyzed the business risk exclusions in a commercial liability policy. We successfully argued that a genuine issue of material fact existed as to whether the contractor’s work at issue fell within the insurance policy exclusions. Thereafter the case settled for a confidential amount.

The above case is a good example of the overlap of commercial business litigation with insurance coverage issues to obtain a desired result.

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