DocketNumber: No. CV94 0318432S
Citation Numbers: 1995 Conn. Super. Ct. 1656-C
Judges: FREEDMAN, JUDGE.
Filed Date: 2/27/1995
Status: Non-Precedential
Modified Date: 4/18/2021
"The purpose of a motion to strike is to contest . . . the legal sufficiency of the allegations of any complaint . . . to state a claim upon which relief can be granted. In ruling on a motion to strike, the court is limited to the facts alleged in the complaint. The court must construe the facts in the complaint most favorably to the plaintiff." (Internal quotation marks omitted.) Novametrix MedicalSystems, Inc. v. BOC Group, Inc.,
General Statutes §
An insurance company shall be obligated to make payment to its insured up to the limits of the policy's uninsured motorist coverage after the limits of liability under all bodily injury liability bonds or insurance policies applicable at the time of the accident have been exhausted by payment of judgments or settlements . . . .
In paragraph 13 of the second count, the plaintiff alleges that "upon information and belief, the defendant tortfeasors . . . are underinsured for the damages suffered by the plaintiff herein."
In reading the second count in the light most favorable to the plaintiff, the allegations stated therein constitute a legally sufficient claim for underinsured motorist benefits. Whether the CT Page 1656-F plaintiff can actually prove that all available liability insurance coverage has been exhausted is an issue of fact that cannot be addressed on a motion to strike. Where the legal grounds for a motion to strike are dependent upon facts which only could be proved by evidence adduced at trial, the motion should be denied.Liljedahl Bros., Inc. v. Grigsby,
SAMUEL S. FREEDMAN, JUDGE.