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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

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Issue

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Holding and Reasoning (Bryant, J.)

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