DocketNumber: No. CV97-0139906
Citation Numbers: 1998 Conn. Super. Ct. 14489, 23 Conn. L. Rptr. 371
Judges: PELLEGRINO, J.
Filed Date: 12/17/1998
Status: Non-Precedential
Modified Date: 4/18/2021
The defendant Allstate filed a motion for summary judgment on the grounds that the plaintiff "failed to exhaust the liability limits of co-defendant's insurance policy, thereby precluding an action for underinsured motorist benefits." (Motion for Summary Judgment, p. 1.)
"Practice Book § 384 [now Practice Book (1998 Rev.) § 17-49] provides that summary judgment shall be rendered forthwith if the pleadings, affidavits and any other proof submitted show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. . . In deciding a motion for summary judgment, the trial court must view the evidence in the light most favorable to the nonmoving party. . . The party seeking summary judgment has the burden of showing the absence of any genuine issue [of] material facts which, under applicable principles of substantive law, entitle him to a judgment as a matter of law . . . and the party opposing such a motion must provide an evidentiary foundation to demonstrate the existence of a genuine issue of material fact. . ." (Citations omitted; internal quotation marks omitted.) Hertz Corp. v. Federal Ins. Co.,
The defendant urges the court to grant its motion arguing that C.G.S. Section
The court does find persuasive the argument that to conserve judicial resources there is merit in having the underinsured carrier made a party to an action such as the instant one, so if the factfinder does find the damages as against the tortfeasor in excess of the policy limits of the tortfeasor then the issues against the carrier could be resolved without delay and without the necessity of adding yet an additional case to its overcrowded docket.
The court will therefore deny the defendant Allstate's motion for summary judgment.
PELLEGRINO, J.