Kling v. Hartford Casualty Ins. Co.

Citations

• 211 Conn. App. 708

Syllabus

The plaintiff sought to recover damages from the defendant insurance com- pany for, inter alia, breach of contract, claiming that the defendant had a duty to defend C, doing business as E Co., under a business liability insurance policy it had issued to C, and that its failure to do so left the defendant liable to the plaintiff for damages the plaintiff suffered due to C's and E Co.'s negligence. The plaintiff sustained injuries when a trailer that was attached to a pickup truck driven by C, transporting large kettle corn equipment owned by E Co., dislodged from the pickup truck and struck the plaintiff. After the incident occurred, the plaintiff brought a personal injury action against C and E Co., seeking to recover damages for his injuries. At the time of the incident, C was insured under the business liability insurance policy issued by the defendant. The defendant, however, declined to defend C, citing a provision that excluded coverage for bodily injuries that arose out of the use of an ''auto.'' C did not appear or otherwise defend the personal injury action, and the plaintiff obtained a default judgment against C and E Co. There- after, the plaintiff brought the present action against the defendant pursuant to the applicable statute (§ 38a-321). The defendant filed a motion for summary judgment, arguing that, on the basis of a provision in the policy that excluded coverage for injuries arising out of the operation of an ''auto,'' it was entitled to a declaration that the policy did not provide liability coverage for the injuries sustained by the plain- tiff. While that motion was pending, the case proceeded to a bench trial on the breach of contract count based on a stipulated record. The trial court rendered judgment for the defendant on that count, finding that the defendant did not have a duty to defend C or E Co. because the policy's auto exclusion applied and, thus, precluded coverage for the plaintiff's injuries. The trial court also dismissed the rema