DocketNumber: No. CV 92-0338674 S
Citation Numbers: 1995 Conn. Super. Ct. 11474
Judges: GRAY, JUDGE.
Filed Date: 10/2/1995
Status: Non-Precedential
Modified Date: 7/5/2016
Nothing in subsection (a) of this section shall be construed to prevent an unauthorized person or insurer from filing a motion to quash a writ or to set aside service thereof made as provided in section
38a-25 , section38a-26 or section38a-273 on the ground that the person or insurer served has not done any of the acts enumerated in subsection (a) of section38a-271 .
Cumberland filed exhibits and a memorandum of law in support of its claim that it is not subject to suite in the State of Connecticut because it does not do any business in the state.
In a complaint filed on September 29, 1992, the plaintiff alleged that Cumberland failed to pay a judgment rendered against Sean Garvey who was a covered person under a homeowner's policy issued by Cumberland to Garvey's grandparents, Patsy and Freida Farino. On September 16, 1992, service of process was made upon Robert R. Googins, Insurance Commissioner of the State of Connecticut pursuant to General Statutes, §
The Farinos purchased liability insurance from Cumberland which, among other things, provided coverage for the acts of household members. On March 8, 1990, the plaintiff was an invitee on the premises at Stone College and was injured thereon as a result of the actions of Sean Garvey. The plaintiff brought an action against Garvey for those injuries and, on March 26, 1992, recovered a judgment in the amount of $190,000.00 in damages and $296.80 in costs. No appeal was taken after the judgment was entered nor was the judgment paid.
When the plaintiff's claim was made, Cumberland hired Lee Norcross or Mid Atlantic to conduct an investigation of the alleged incident and in the course of his investigation, Norcross communicated, both by telephone and correspondence with counsel for the plaintiff. The investigation of a claim or loss CT Page 11476 constitutes conducting insurance business pursuant to the applicable provisions of §
The defendant's motion to quash is denied.
BY THE COURT:
LEANDER C. GRAY, JUDGE