Howd & Ludorf, LLC Wins Summary Judgment for Allstate Ins. Company in Insurance Coverage Declaratory Judgment Action.
Howd & Ludorf, LLC Partner Christopher M. Vossler and Associate Daniel G. Lydecker recently won summary judgment for Allstate Insurance Company in an insurance coverage declaratory judgment action. In Allstate Insurance Company v. Iwona Suchecki, ppa P.S., Allstate sought a declaration from the Connecticut District Court that Allstate did not have a duty to defend or a duty to indemnify its minor insured after the insured was sued for sexual assault in an underlying state court lawsuit. The underlying plaintiff, also a minor, alleged that she was sexually assaulted by several minor defendants, including the Allstate insured. Her complaint alleged both intentional misconduct as well as negligent conduct. Allstate moved for summary judgment, arguing that, despite the presence of allegations of negligence in the underlying complaint, the conduct alleged was actually intentional. Judge Vanessa L. Bryant agreed and entered summary judgment in Allstate's favor, holding that the underlying allegations were all of intentional, rather than accidental, conduct and that there had been no covered "occurrence". Judge Bryant also rejected the insured's argument that the existence of a valid defense in the underlying tort case constituted a defense in the declaratory judgment action.