Opinion

London & Lancashire Indemnity Co. of America v. Duryea

  • 143 Conn. 53
  • 119 A.2d 325
  • 1955 Conn. LEXIS 127
Court
Supreme Court of Connecticut
Filed
Dec 13, 1955
Status
Published
Author
Wynne
On the bench
Inglis, Baldwin, O'Sullivan, Wynne, Daly
Cited by
32 cases

OLT policy covering injuries “arising out of use” of property does not cover off-premises injuries not proximately caused by on-premises violation of law

How later courts described this case

  • OLT policy covering injuries “arising out of use” of property does not cover off-premises injuries not proximately caused by on-premises violation of law

Written by the judges who cited it.

The opinion

*61 Wynne, J.

(dissenting). In my opinion we should hold that it is sound public policy which creates a civil cause of action under the Liquor Control Act which was not known at common law. The language in the insurance policy under scrutiny obviously comprehends the sale of intoxicating liquors under circumstances which impose liability under the statute. The dilemma facing insurance companies is an underwriting one rather than a legal one. And I believe that innocent people who are grievously injured through someone’s intoxication, or the estate of one whose life has been snuffed out under similar circumstances, ought to have a cause of action that is not an empty sham.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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