Automobile Ins. Co. of Hartford v. Lipscomb
Annotate this CaseIn 2006, a fire consumed an apartment building rented by Plaintiffs Paul Whittington, Jr. and Westbrook Cooper. Mr. Whittington died from injuries he sustained in the fire, while Mr. Cooper was injured but survived. The building was owned by Defendant William Lipscomb, and it was located on the same property as Mr. Lipscomb's residence. Plaintiffs sued Mr. Lipscomb and amended their complaint to seek declaratory judgment against Lipscomb's insurer, the Automobile Insurance Company of Hartford, Connecticut (AIC), on the issue of coverage. AIC filed a motion to sever and a motion for summary judgment, which the trial court denied. AIC filed two separate petitions for interlocutory appeal and requested that the Court consolidate the two issues raised in the separate petitions. After reviewing the complaint, together with the insurance policy and the relevant deposition testimony, the Supreme Court determined there was no genuine issue of material fact as to the issue of coverage, and that AIC’s motion for summary judgment should have been granted. AIC was dismissed from the case with prejudice.
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