
Insurance Agency Negligence: Misled Worker Wins $55K Verdict
Kevin McSwiggan, owner and employee of Rockwell Construction Inc., suffered life-altering injuries in June 2017, including a broken pelvis and torn ligaments, while on the job. When he inquired about his insurance status, O’Brien Insurance Agency, LLC incorrectly informed him that he was not covered or was exempt from the company's workers' compensation policy. Relying on this professional advice, McSwiggan missed the legal deadline to file for benefits. It was only during a 2019 audit that he discovered he had been covered all along and had even been paying premiums for that specific protection. McSwiggan sued for negligence and breach of fiduciary duty, arguing the agency failed to review the policy before giving him false information. On March 12, 2026, a Waterbury jury found in favor of McSwiggan, awarding him $55,008.89 in damages and moving the case forward for a determination of punitive damages.



