DocketNumber: No. CV 88 0248356
Citation Numbers: 1992 Conn. Super. Ct. 568
Judges: LEWIS, JUDGE.
Filed Date: 1/24/1992
Status: Non-Precedential
Modified Date: 4/17/2021
The plaintiff Fairbanks was insured by the defendant under an umbrella liability policy issued in 1974. In 1977 Transgo, Inc., sued Fairbanks in California, and recovered a judgment. Transgo, Inc., filed a second suit against Fairbanks in 1980 in the United States District Court in Connecticut. In a five count complaint in this court, the plaintiffs allege that American Home failed to reimburse Fairbanks for attorney fees and other disbursements other disbursements incurred in connection with the defenses of these two suits instituted by Transgo, Inc. Plaintiff Lugo claims in the fifth count that he suffered a personal loss of credit and financial standing, as well as emotional injury, as a result of American Home's alleged refusal to fulfill its obligations under the policy it issued to Fairbanks.
I agree with the defendant that this issue of two status of the two New York lawyers should be resolved by the New York courts rather than this court. Although this court can issue a commission to take an out-of-state deposition; General Statutes
The defendant points out the symmetry between this procedure in New York, and our Connecticut rules regarding issuance of subpoenas in this state. General Statutes
Therefore the motion by plaintiffs for determination of the status of the two New York lawyers is denied.
Dated at Bridgeport, Connecticut, this 24th day of January, 1992. CT Page 570
WILLIAM B. LEWIS, JUDGE