INSURANCE COVERAGE: Appellate Court affirms trial court’s finding that towing company lacked standing to bring direct action against insurer

A towing company recovered and towed a vehicle at the request of the local police after it had been involved in an accident and subsequently submitted invoices to the vehicle owner’s insurer.

Neither the insurer nor the owner paid the invoices and the company brought claims against both for breach of implied contract, unjust enrichment as against the owner only, and breach of contract as against the insurer only.   The towing company claimed it was a third-party beneficiary of the contract as between the vehicle owner and the insurance company.

The insurer filed a motion to dismiss, which the trial court granted and the Appellate Court affirmed, both finding that the plaintiff failed to identify express contract language or any contractual intent to support its claim that it was a third-party beneficiary to the contract, and thus it had no standing to sue for breach of contract.

Hilario’s Truck Center, LLC v. Rinaldi, 183 Conn.App. 597 (2018)