Patterson v. American Mutual Liability Insurance
District Court, D. Connecticut
1Opinion of the Court
TIMBERS, Chief Judge.
QUESTION PRESENTED
In this diversity action brought by the judgment creditor of an insured against her insurance company, pursuant to Conn.Gen.Stat. § 38-175,1 plaintiff has moved, pursuant to Rule 56, Fed.R.Civ.P., for summary judgment in his favor. This motion presents for determination the question whether the company is precluded from denying coverage, pursuant to an exclusionary clause in its policy, because of its failure to appear and defend plaintiff’s negligence action against its insured.
The Court holds that the company is not precluded from contesting liability *1090o…
2Cases cited9 opinions
- Lee v. Aetna Casualty & Surety CoCourt of Appeals for the Second Circuit · 1949
- Missionaries of the Co. of Mary, Inc. v. Aetna Casualty & Surety Co.Supreme Court of Connecticut · 1967
- Schurgast v. SchumannSupreme Court of Connecticut · 1968
- Curran v. Connecticut Indemnity Co.Supreme Court of Connecticut · 1941
- Town of Andover v. Hartford Accident & Indemnity Co.Supreme Court of Connecticut · 1966
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3Cited by4 opinions
- Afcan v. Mutual Fire, Marine & Inland Insurance Co.Alaska Supreme Court · 1979
- United Services Automobile Ass'n v. Glens Falls InsuranceDistrict Court, D. Connecticut · 1972
- Williams v. WilliamsAppellate Court of Illinois · 1982
- Williams v. WilliamsAppellate Court of Illinois · 1982