Amica Mutual Insurance Company v. Douglas J. Gilleran et al.

Summary

The Connecticut Appellate Court affirmed partial summary judgment for the defendants in an insurer’s declaratory judgment action concerning the duty to defend an automobile negligence claim. The court held that a vehicle’s alleged diminution in value after collision and repair potentially constituted damage arising from the partial destruction of tangible property under the policy, triggering the insurer’s duty to defend.

Holdings

1. The term "destruction" in the policy's definition of property damage encompasses both total and partial destruction of tangible property.
2. Diminution in the value of a repaired motor vehicle may constitute damages resulting from destruction of tangible property under the policy's coverage for third-party property damage.
3. Because Harding's diminution-in-value allegation reasonably and possibly fell within the policy's coverage, Amica had a duty to defend Douglas in the underlying negligence action.

Questions Presented

1. Whether Harding's allegation that the collision caused diminution in the value of her repaired vehicle potentially fell within the policy's coverage for destruction of tangible property.
2. Whether the potentially covered allegation triggered Amica's duty to defend Douglas in the underlying negligence action.
3. Whether the trial court properly granted partial summary judgment to the defendants on the diminution-in-value claim.

Disposition

affirmed