On April 8, the firm obtained an appellate victory on behalf of The Hartford.
The case involves the "auto exclusion" to the standard CGL policy.
The plaintiff had been injured when, as a pedestrian, he was struck by a trailer that had become detached from the truck that the policyholder was operating. The plaintiff obtained a default judgment against the policyholder and then sued The Hartford.
The Hartford had declined to defend on the basis that the accident "arose out of" the use of two "autos," the truck and the trailer. In the trial court, the plaintiff contended that the policy language was ambiguous, and that the auto exclusion did not preclude coverage for injuries caused by faulty maintenance of the trailer hitch. The plaintiff lost at trial and elected to appeal, which is when Day Pitney attorneys entered the picture.
The Hartford asked the firm to take over the matter on appeal, and on April 8 the Appellate Court affirmed the trial court's ruling, holding—consistent with Connecticut decisions on the broad scope of the "arising out of" language in the auto exclusion—that there was no duty to defend, because both the truck and trailer were "autos" and the injuries would not have occurred but for their use.
Daniel Raccuia argued the appeal, and drafted the brief with assistance from Chase Rogers.
Congratulations to the team!