DocketNumber: No. CV 99-0585958 S
Citation Numbers: 2001 Conn. Super. Ct. 7139
Judges: WAGNER, JUDGE.
Filed Date: 5/29/2001
Status: Non-Precedential
Modified Date: 4/17/2021
In an earlier action by Consoli against Clark (Consoli v. Pensiero, CV 95 0556489) this Court on November 27, 1996, granted a motion for summary judgment against plaintiff based on the statute of limitations, holding that an oral agreement between Consoli's attorney and adjuster for defendant's insurance company could not be relied upon to extend the statute of limitations.
No authority has been cited to justify an action for breach of contract by a victim against an insurance company for his adversary. Under the circumstances of this case, even if this action is viewed as one action for unfair settlement practice, a large majority of superior court cases have held that such a claim can only be brought by the insured, not a third party claimant. See cases cited in Martin v. Marino, 1997 WL 187168 Conn. Super., 1997 (Aurigemma J.) citing Warner v.Sanford Hall Agency,
Motion to Strike is granted.
Wagner, J.