DocketNumber: File No. 140850
Citation Numbers: 305 A.2d 289, 30 Conn. Super. Ct. 131, 30 Conn. Supp. 131
Judges: LaMACCHIA, J.
Filed Date: 11/27/1972
Status: Precedential
Modified Date: 1/12/2023
The parties have stipulated that a judgment shall enter for the plaintiff, John Slossar, to recover $27,000 damages without costs from the defendant Taylor or the defendant Miller Buick, Inc.
Both of the above-named defendants are covered by insurance policies sufficient to pay the judgment. The issue before the court is: Which policy is primary under the stipulated facts? Obviously, §
The language of the statute is clear and unambiguous, and therefore the court need not strain to interpret it. Brown v. New Haven Taxicab Co.,
It has been stipulated that the Taylor car was being repaired by Miller Buick and that the vehicle the defendant Taylor was using was owned by Miller and loaned to her because her car was under repair. Therefore, the provision of the statute which stated, "Such operator's insurance shall become the prime coverage," is applicable.
The defendant Taylor argues that her insurance contract provides that her insurance will be excess insurance when she sustains a loss while driving a nonowned automobile or temporary substitute automobile. She also points to the provisions of the Miller contract of insurance, which covers, as an assured, any person using an automobile owned by the named insured. The answer to this argument is that by passing §
If, as stipulated, Miller violated the provision of the statute which requires that Miller receive proof from the defendant Taylor that she had liability and property damage insurance, that fact should not in any way affect the question of coverage and would merely be a disciplinary matter to be considered by the motor vehicle commissioner under §
The defendant Taylor argued that §
Accordingly, the court enters judgment for the plaintiff, John Slossar, to recover of the defendant Roxanna Taylor the sum of $27,000 without costs, and further finds in favor of the defendant Miller Buick, Inc., without costs.
Metropolitan Casualty Co. v. Billings , 150 Conn. 603 ( 1963 )
Brown v. New Haven Taxicab Co. , 92 Conn. 252 ( 1917 )
O'Connor v. Hartford Accident Indemnity Co. , 97 Conn. 8 ( 1921 )
Jenkins v. Indemnity Insurance Co. of North America , 152 Conn. 249 ( 1964 )
Dempsey v. Tynan , 143 Conn. 202 ( 1956 )