Integris Ins. Co. v. Tohan
Syllabus
The defendant physician, a reproductive endocrinologist, appealed from the trial court's summary judgment for the plaintiff insurance company in its action seeking a declaratory judgment as to its duty to defend and indemnify the defendant in a separate civil negligence action. In the civil negligence action, the plaintiffs, K and R, alleged, inter alia, that the defendant was negligent in the provision of professional services, having discovered through genetic testing that the defendant used his own sperm when he performed in vitro fertilization (IVF) procedures for their parents, without having informed the parents of his conduct. The defendant claimed, inter alia, that the court improperly concluded that all of the allegations in the civil negligence action fell within exclusions to coverage in the insurance policy issued to him by the plaintiff. Held: The trial court properly concluded that the civil negligence action contained an allegation that potentially fell within the coverage provided by the insur- ance policy issued by the plaintiff, as the first count of the civil negligence action contained allegations that concern professional services provided by the defendant, as that term was used in the policy. The trial court improperly determined that the intentional conduct exclu- sion to coverage in the insurance policy clearly and unambiguously applied to every allegation in the civil negligence action, as the first count in that action was beyond the scope of the intentional conduct exclusion because the count specifically alleged, inter alia, that the defendant inadvertently and \negligently\ used his sperm that contained a genetic disease when providing IVF services to K's parents, causing the injuries K sustained. The trial court improperly determined that the sexual conduct exclusion to coverage in the insurance policy applied clearly and unambiguously to every claim set forth in the civil negligence action, as the plaintiff failed to demonstrate that t
Judges: Alvord; Elgo; Moll
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40 cases in this archive are cited by this case; the 20 most cited are listed.
- Willow Springs Condominium Ass'n v. Seventh BRT Development Corp.Supreme Court of Connecticut· 1998-06-02· cited 356×
- Automobile Insurance v. CookNew York Court of Appeals· 2006-06-08· cited 260×
- Community Action for Greater Middlesex County, Inc. v. American Alliance InsuranceSupreme Court of Connecticut· 2000-08-29· cited 150×
- Merchants Insurance Co. of New Hampshire, Inc. v. United States Fidelity & Guaranty Co.First Circuit· 1998-05-01· cited 112×
- Kelly v. FigueiredoSupreme Court of Connecticut· 1992-07-21· cited 85×
- St. Paul Fire & Marine Insurance Company v. Cecil B. Jacobson, Jr. Reproductive Genetics Center, LimitedFourth Circuit· 1995-02-17· cited 82×
- Nebraska Plastics, Inc., Appellant/cross-Appellee v. Holland Colors Americas, Inc., Appellee/cross-AppellantEighth Circuit· 2005-05-13· cited 81×
- McLaughlin v. Connecticut General Life InsuranceN.D. California· 1983-05-03· cited 76×
- Bartone v. Robert L. Day Co.Supreme Court of Connecticut· 1995-04-04· cited 73×
- Michael K. DePAEPE, Executor of the Estate of Kenneth J. DePaepe, Plaintiff-Appellee, v. GENERAL MOTORS CORPORATION, Defendant-AppellantSeventh Circuit· 1998-05-04· cited 64×
- Doe v. DoeSupreme Court of Connecticut· 1998-04-07· cited 64×
- Panaro v. Electrolux Corp.Supreme Court of Connecticut· 1988-08-16· cited 59×
- Picher v. Roman Catholic Bishop of PortlandSupreme Judicial Court of Maine· 2009-07-07· cited 46×
- Martinelli v. FusiSupreme Court of Connecticut· 2009-02-10· cited 41×
- American Commerce Insurance v. PortoSupreme Court of Rhode Island· 2002-12-26· cited 41×
- St. Paul Fire & Marine Insurance v. ShernowSupreme Court of Connecticut· 1992-07-14· cited 41×
- North Coast Women's Care Medical Group, Inc. v. Superior CourtCalifornia Supreme Court· 2008-08-18· cited 34×
- St. Paul Fire and Marine Ins. Co. v. JacobsonE.D. Virginia· 1993-07-09· cited 30×
- New London County Mutual Insurance Co. v. NantesSupreme Court of Connecticut· 2012-02-21· cited 30×
- Harnicher v. University of Utah Medical CenterUtah Supreme Court· 1998-07-31· cited 29×
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