MOTOR VEHICLE LAW: Superior Court allows apportionment complaint against plaintiff’s insurer for uninsured motorist claim:

7/10/2017 | Joseph M. Busher Jr.
jmbusher@jacksonokeefe.com

Category: Auto Accidents

Joseph M. Busher Jr.

MOTOR VEHICLE LAW: Superior Court allows apportionment complaint against plaintiff’s insurer for uninsured motorist claim:

The plaintiff filed an action against a defendant alleging that the defendant struck the rear of the plaintiff’s vehicle.  The defendant thereafter filed an apportionment complaint against the plaintiff’s insurance company, alleging that the insurance carrier was responsible for the alleged negligence of an unidentified driver who caused the plaintiff’s vehicle to unexpectedly slow suddenly.  While noting that there was no appellate authority directly addressing the issue, the Superior Court allows the apportionment complaint to stand.  The court notes that a majority of trial courts had granted such motions to strike similar apportionment complaints.  The court notes that the apportionment complaint is not exposing the insurance carrier to monetary damages unless the plaintiff decides to timely plead over against the insurer.  Lew v. Partilla, CV16-6029403 (Jacobs, J. April 24, 2017)

If you have a possible claim, you will need to review your options timely. For assistance, call the attorneys at Jackson O’Keefe now at (860) 276-8100.

With offices in Southington and Wethersfield, as well as satellite offices in East Haddam, Bloomfield, Farmington, and Marlborough our lawyers strive to meet the needs of area residents, making getting your legal services easier than ever.  Call us now to speak with us about your case. (860) 278-4040 during business hours or 860.966.7436 any time, or email us any time at info@jacksonokeefe.com

Our East Haddam Satellite office:  
51 Dolbia Hill Road
East Haddam, CT 06420
Phone: 860.873.2994

 

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