On March 25, 2015, Susan L. Miller was a panelist at the Connecticut Bar Association’s Insurance Law Section’s 2014 Annual Survey of Connecticut Coverage Decisions. She was invited to participate in a point/counterpoint discussion of the issues presented in the August 2014 decision by the Connecticut Supreme Court of Travelers Casualty & Surety Co. of America v. Netherlands Ins. Co., et al, 312 Conn. 714 (August 5, 2014), a declaratory judgment action.
The case arose out of Travelers seeking contribution for defense costs associated with its providing a defense to a policy holder that had been sued in connection with claims of defective construction. Both Travelers and Netherlands had issued Commercial General Liability (CGL) Policies and it was Travelers’ position that the duty to defend had been triggered by the allegations contained in the complaint. Netherlands disagreed. While ultimately Netherlands did not prevail, the court addressed several issues which were of interest to the coverage bar. These included standing to sue and the known loss doctrine, as well as how the court was going to consider allocation issues.
A lively discussion ensued, which included questions from members of the section.
For assistance with an insurance coverage issue, contact Susan Miller directly at firstname.lastname@example.org.