Howd & Ludorf, LLC Wins Summary Judgment for Allstate Insurance Co. 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. Sapna Tandon and Robert Doohan, Allstate sought a declaration from the Connecticut District Court that Allstate did not have a duty to defend or a duty to indemnify its insureds after the insureds were among the defendants sued for assault in an underlying state court lawsuit. The underlying plaintiffs alleged that the Allstate insureds were involved in a brawl that occurred on and around a floating dock at a marina in Bridgeport. The underlying complaint alleged negligence, recklessness, assault and battery, civil conspiracy and loss of consortium against the insureds. Allstate moved for summary judgment, arguing that, despite the presence of allegations of negligence in the underlying complaint, the conduct alleged was actually intentional, and that a watercraft exclusion contained in the homeowners policy excluded coverage. Judge Holly Fitzsimmons agreed and entered summary judgment in Allstate's favor, holding that the underlying allegations were all of intentional, rather than accidental, conduct and that no covered "occurrence" had occurred. Judge Fitzsimmons also noted that the watercraft exclusion in the homeowners policy did apply to exclude coverage. A Notice of Appeal has been filed by the insureds.