Connecticut Supreme Court Determines that Commercial General Liability Insurers Have Right to Obtain Declaratory Ruling as to Responsibility of Other Insurers to Pay Pro Rata Share of Insured’s Defense Costs

Many construction professionals in Connecticut, and in particular those who do business with the State, are well aware of the Connecticut Supreme Court’s decision in State v. Lombardo Bros. Mason Contractors, Inc., 307 Conn. 412, 420-21, 54 A.3d 1005 (2012). The Court in Lombardo Bros. held that statutes precluding a private party from pursing a claim after the expiration of specified time periods do not apply to the State. Thus, the State can pursue claims against contractors or design professionals in perpetuity, regardless of how long ago the design or construction work was performed.

Less well known is a more recent Supreme Court decision, Travelers Casualty and Surety Company of America...