Azevedo v. Club Getaway

2008 WL 350479 (2008)

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Azevedo v. Club Getaway

United States District Court for the District of Connecticut
2008 WL 350479 (2008)

  • Written by Jody Stuart, JD

Facts

Destini Azevedo (plaintiff) alleged that she suffered injuries while riding in a boat on August 19, 2004, on property owned or operated by Club Getaway, Inc., Gateway Adventures, Ltd., Camp Leonard-Leonore, Inc., the Leonard Corporation, and Paul Thorn (collectively, the boat operators) (defendants). Azevedo brought a personal-injury action against the boat operators. Subsequently, the boat operators jointly filed a third-party complaint against their insurance provider and insurance agents, Steadfast Insurance Company, Capital Risk Management Services, Inc., and Atlantic Risk Specialist, Inc. (collectively, the insurers) (defendants). In the third-party complaint, the boat operators alleged negligence in the creation of the boat operators’ insurance policy and claimed that the insurers could be liable for Azevedo’s claims. The third-party complaint acknowledged that the insurance policy included a watercraft exception and did not assert that the policy covered Azevedo’s injuries. All allegations in the third-party complaint involved the conduct of the insurers that occurred prior to August 19, 2004. The insurers filed motions to dismiss the third-party complaint due to lack of jurisdiction over the third-party complaint.

Rule of Law

Issue

Holding and Reasoning (Bryant, J.)

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