DocketNumber: No. CV96 0558458 S
Citation Numbers: 1996 Conn. Super. Ct. 10136
Judges: WAGNER, TRIAL JUDGE REFEREE.
Filed Date: 11/25/1996
Status: Non-Precedential
Modified Date: 4/18/2021
Specifically, the plaintiff's complaint seeks, inter alia, a declaration from the court that the defendant's claims are not covered by the terms of his homeowner's insurance policy; that the defendant is not entitled to any benefit from his homeowner's insurance policy; and that the plaintiff need not provide a defense to the defendant with respect to the two pending lawsuits.
On April 24, 1996, the defendant filed this motion to dismiss the plaintiff's complaint claiming: (1) the court lacks subject matter jurisdiction to hear the aforementioned action for declaratory relief before any evidentiary or factual findings have been made; (2) the plaintiff's reservation of rights letters contest liability only with regard to the intentional acts exclusion in its policy and indicate that the plaintiff must await a determination of its liability until after the courts adjudicate the underlying lawsuits; (3) there is no dispute as to the plaintiff's liability for damages alleged in the underlying lawsuits that were caused by negligence; (4) the plaintiff has the duty to defend its insured through conclusion of the underlying lawsuits; and (5) maintenance of this declaratory judgment action by the plaintiff creates an impermissible conflict of interest between the defense counsel provided by the plaintiff in the underlying lawsuits and the defendant.
It appears that the plaintiff has met the notice requirements of Practice Book § 390(d) and that the court has subject matter jurisdiction over the present suit for declaratory relief.England v. Coventry,
In view of these conclusions it is unnecessary to consider the Plaintiff's further argument that some of defendant's claims CT Page 10138 should have been raised by a motion to strike rather than a motion to dismiss.
Motion to Dismiss is denied.
Jerry Wagner, Trial Judge Referee