Troisi and Mann Victorious on Behalf of HartfordJune 27, 2017 |
Michael Troisi and Greg Mann secured summary judgment and complete dismissal of a complaint with prejudice on behalf of our client, Hartford Casualty Insurance Company, in an action for supplementary uninsured/underinsured motorists benefits under an automobile insurance policy.
Plaintiff, a son of the named insured, alleged that he was entitled to SUM benefits in connection with a motor vehicle accident because he was listed as a “Driver” on a declarations page of the Policy. In granting the motion for summary judgment, the Court adopted each of Hartford’s arguments that Plaintiff’s action was barred because (1) Plaintiff was neither a named insured under the Policy nor a relative who resided in the same household as the named insured at the time of the accident; (2) he was not occupying a vehicle owned or operated by the named insured; and (3) he was not occupying a vehicle insured for SUM coverage under the Policy.
The Court agreed with Hartford that Plaintiff’s listing as a “Driver” on a declarations page, without more, was insufficient to confer insured status on Plaintiff for purposes of uninsured motorists coverage under the criteria set forth in the Policy. The Court further agreed with Hartford that its motion for summary judgment was not premature prior to depositions because Plaintiff had failed to specifically identify discovery that would lead to relevant evidence or establish that facts essential to opposing the motion were within Hartford’s exclusive knowledge and control.
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