Insurance Coverage Litigation

The firm has an active practice in the field of insurance coverage litigation. It has provided both coverage opinions and courtroom representation in a wide variety of situations in which there has been a substantial question over insurance coverage. These situations range from simple coverage questions under individual general liability policies to complicated questions of coverage under commercial insurance policies. Examples of such insurance coverage questions include the meaning of pollution exclusion language in comprehensive general liability policies, professional liability policies, and first party property coverage situations, the meaning of the employment policies and practices exclusion, various forms of insurance coverage questions in sexual harassment situations, bad faith and/or failure to settle claims in excess liability situations, drop down in insurer insolvencies, reinsurance arbitration issues, primary-excess insurer coverage questions, insurance coverage for DES birth defect related liability, known loss issues, and London market insurance questions.

Supreme Court insurance coverage cases in which firm members have been involved include Travelers Ins. Co. v. Namerow, 257 Conn. 812 on reconsideration en banc 261 Conn. 784 (2002)[motive held not an element of civil arson for insurance coverage purposes]; Reichhold Chemicals Inc. v. Hartford Accident & Indemnity Co., 243 Conn. 401 (1997) and 252 Conn. 774 (2000) [choice of law questions in environmental coverage case]; Heyman Associates No. 1 v. Insurance Co. Of Pennsylvania, 231 Conn. 756 (1995) [interpretation of the absolute pollution exclusion in an environmental coverage case]; Pacific Indemnity Ins. Co. v. Aetna Casualty & Surety Co., 230 Conn. 26 (1997) [interpretation of the business pursuits exclusion in a homeowners policy]; and Springdale Donuts, Inc. v. Aetna Casualty & Surety Co. Of Illinois, 247 Conn. 801 (1999) [insurance coverage for sexual harassment and discrimination claims].

Publications by firm members include: Insurance Coverage for Employment-Related Litigation: Connecticut Law, 18 W. New England L. Rev. 199 (1996) [Calum B. Anderson]; Analyzing Environmental Insurance Coverage Claims Under Connecticut Law, 66 Connecticut Bar Journal 275 (1992) [Calum B. Anderson]; and Debunking the Arson Triangle, For The Defense (December 2001) [Calum B. Anderson and Frank H. Santoro]