Clausen Miller Shareholder Matthew Van Dusen Successfully Opposes Contractual Indemnity Summary Judgment Motion Against Snow Contractor by Commercial Tenant
A slip and fall plaintiff filed a snow related negligence action against a commercial landowner, grocery store tenant and snow removal contractor in the Connecticut Superior Court for the Judicial District of New Britain at New Britain. Clausen Miller represented the contractor. The tenant filed cross-claims for contractual defense indemnity and liability indemnity under the snow removal contract. Ultimately, the tenant moved for summary judgment against the contractor for contractual defense costs indemnity only. Clausen Miller filed an opposition brief and argued the motion which involved New York choice of law issues due to the tenant being a New York corporation. After nearly one hour of argument, Judge Welch decided that further briefing was necessary by both sides and gave the movant 14 days to file a supplemental brief as well as an additional 14 days the contractor to file a supplemental opposition brief dealing with New York law and defense indemnity by non-insurers. On August 12, 2025, Judge Welch issued a formal decision denying summary judgment as he found that genuine issues of material fact existed whereby he cited two Practice Book rules and two Supreme Court decisions. The impact of this decision is that the contractor (via its insurer) does not have to defend the tenant in the ongoing litigation where there has been no finding of liability against any defendant, with respect to an ongoing snow storm and parking lot pavement defect issues.
Matthew J. Van Dusen