The Connecticut Court of Appeals affirmed a trial court's ruling that an insurance company, under the terms of a homeowner's policy it issued, is not responsible for covering a wrongful death claim arising from a motorcycle accident. The insurance company filed a suit for declaratory judgment in New London County Mutual Ins. Co. v Bialobrodec, based on a wrongful death lawsuit against its insured. The company asked the court to confirm its obligations under the insurance policy. The wrongful death lawsuit alleged multiple causes of action, including negligent supervision of the insured's son, who allowed the decedent to use his motorcycle. The trial court in the declaratory action ruled in the insurance company's favor, finding that the injury in question was the result of a motor vehicle accident, and that the policy excluded coverage for such accidents.
Adrian Bialobrodec allowed his friend TyCody Dzikiewicz to use his motorcycle at about 12:35 a.m. on September 1, 2008. TyCody reportedly suffered fatal injuries when he lost control of the motorcycle and hit a tree. The administrator of TyCody's estate, Edward Dzikiewicz, filed suit against Adrian's parents, Andrzej and Grazyna Bialobrodec, on November 5, 2009, alleging negligent supervision of Adrian, leading to TyCody's death. The suit claimed that the Bialobrodecs were negligent in allowing Adrian to purchase the motorcycle and give it to TyCody to use. Dzikiewicz also named Adrian as a defendant in the lawsuit, alleging that he negligently failed to supervise TyCody and his use of the motorcycle.
The following case is successfully handled in Connecticut courts by Attorney Levin.