DocketNumber: No. CV 92-0452744S
Citation Numbers: 1993 Conn. Super. Ct. 1051
Judges: LANGENBACH, JUDGE.
Filed Date: 1/12/1993
Status: Non-Precedential
Modified Date: 4/18/2021
Plaintiff was covered by an insurance policy issued by defendant through Aetna Insurance Company. (Defendant's Memorandum, dated September 18, 1992, p. 2). This policy provided underinsured motorist coverage of $50,000.00 per vehicle for two vehicles, and Neel, the tortfeasor, was insured under a Metropolitan Insurance Company policy with a liability limit of $50,000.00. (Defendant's Exhibit #5: Monsees statement Under Oath, p. 4), (hereinafter "Monsees' statement").
Pursuant to General statutes
The Arbitration Decision is dated July 15, 1992, but both parties contend that they were notified of the decision on July 31, 1992. (Plaintiff's Memorandum, dated August 25, 1992, p. 4; Defendant's Memorandum, dated September 18, 1992, p. 3). Plaintiff filed an Application to Modify or Vacate the Arbitration Award on September 3, 1992. In addition, defendant submitted a Motion to Confirm, dated September 18, 1992, which does not contain a file stamp from the clerk's office.
Initially, plaintiff maintains that the tortfeasor was an underinsured as defined by General Statutes
Defendant counters that, after all appropriate reductions are taken from defendant's limits of liability, plaintiff is not entitled to any further underinsured motorist coverage, and, in any event, no underinsured motorist claim has been triggered under the facts presented by this case. Defendant maintains that its liability of $100,000.00 should first be reduced by $40,000.00, and that if "either of the two additional claimed reductions in limits of liability are valid, Defendant's limits would, thereby, be reduced below the $50,000.00 of coverage provided by the tortfeasor's policy and, therefore, no underinsured motorist claim would be triggered." (Defendant's Memorandum, dated September 18, 1992, CT Page 1053 pp. 13-14).
In the alternative, defendant argues that if the court should find that plaintiff is entitled to additional coverage, plaintiff's recovery is limited to the difference between the applicable limits of liability of plaintiff's underinsured motorist coverage and the tortfeasor's limits of liability. (Defendant's Memorandum, dated September 18, 1992, p. 15). Defendant posits that, pursuant to the underinsured motorist statute, the proper set-off amount should be the total coverage available to the tortfeasor, i.e., $50,000.00, rather than the $40,000.00 that plaintiff actually received. (Defendant's Memorandum, dated September 18, 1992, p. 20). Finally, defendant maintains that the arbitrators properly set-off the $38,007.43 that plaintiff received from the Division of Workers' Rehabilitation Fund. Defendant emphasizes that the agreed-upon value of this claim is $68,000.00, and that if the court finds that the sum plaintiff received from the Fund, $38,007.43, is not a set-off, then plaintiff will have received payments totaling $105,007.43 on a claim valued at only $68,000.00.
A motion to vacate, modify, or correct an arbitration award must be made within thirty days of receiving notice of the award. Vail v. American Way Homes, Inc.,
In addition, General Statutes
Here, plaintiff was notified of the arbitration award on July 31, 1992, and his Application, dated August 25, 1992, was file-stamped by the clerk's office on September 3, 1992. Therefore, plaintiff, as "the party attacking the CT Page 1054 award, failed to establish its invalidity," and the court confirms the arbitration award in accordance with General Statutes
So ordered,
JOHN J. LANGENBACH JUDGE, SUPERIOR COURT