2000 Conn. Super. Ct. 2912 | Conn. Super. Ct. | 2000
On September 23, 1999, the defendant filed a motion for summary judgment including a memorandum in support of the motion. The plaintiff has filed a memorandum in objection to the Motion.1
"Summary judgment shall be rendered forthwith if the pleadings, affidavits and other proof submitted show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." (Internal quotation marks omitted.) Doucette v. Pomes,
"Intra policy stacking is the aggregation of the limits of liability for under insured motorist coverage of each automobile covered under one insurance policy." (Citation omitted.) ColonialPenn Ins. Co. v. Bryant,
General Statutes §
The defendant argues it is entitled to summary judgment because General Statutes §
To adjust their policies to reflect the no-stacking enactment by the legislature, the defendant incorporated into its policy the following supplement. Endorsement A-5407, entitled Limits of Liability, reads in pertinent part: "The limit of liability shown in the Schedule or in the Declarations for each person for CT Page 2915 Uninsured/Under insured Motorists Coverage is our maximum limit of liability for all damages, including damage for loss of care, loss of services or death, arising out of bodily injury sustained by any one person in any one accident. Subject to this limit for each person; the limit of liability shown in the Schedule or in the Declarations for each accident Uninsured/Under insured Motorists Coverage is our maximum limit of liability for all damages for bodily injury resulting from any one accident. This is the most we will pay regardless of the number of: 1. Insureds; 2. Claims made; 3. Vehicles or premiums shown in the Declarations; or 4. Vehicles involved in the accident." (Emphasis added.)
The plaintiff argues that General Statutes §
Research indicates no precedent or memoranda of decision on point. General Statutes §
JOHN W. MORAN, JUDGE