Dairyland Ins. Co. v. Mitchell

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Decedent was a passenger in his own vehicle when the vehicle was involved in an automobile accident, killing Decedent. The vehicle was being driven by Decedent’s friend (Driver) at the time of the accident and was insured by Insurer. Driver was a covered permissive driver under the policy. The executrix of Decedent’s estate (Estate) filed a wrongful death action against Driver. Insurer subsequently filed this declaratory judgment action against Estate and Driver seeking a ruling that the policy did not provide coverage for Estate’s claims against Driver and that Insurer had no duty to defend Driver. The trial court rendered summary judgment in favor of Insurer, concluding that an exclusion in the policy unambiguously barred Estate’s claims against Driver. The Supreme Court reversed, holding that the exclusion at issue was void and unenforceable due to its failure to comply with the clear and unambiguous requirements of Conn. Gen. Stat. 38a-335(d). Remanded. View "Dairyland Ins. Co. v. Mitchell" on Justia Law