Hartford Casualty Ins. Co. v. Karlin, Fleisher & Falkenberg, LLC

Dist. Ct. did not err in granting plaintiff-insurance company’s motion for summary judgment in action seeking declaration that plaintiff had no duty to defend defendant-insured in underlying lawsuit that alleged that defendant had breached employment contract by failing to pay defendant’s employee compensation for unused but accrued sick and vacation time. Instant policy only covered injuries arising out of defendant’s “negligent acts,” and alleged failure to pay employee benefits in underlying action was breach of contract that could not be insured under any insurance policy. Moreover, defendant’s responsibility to make payments according to contract is not sort of duty that will support negligence action.