176 Conn. 676 | Conn. | 1979
This action to recover an unsatisfied final judgment was commenced under General Statutes § 38-175
In his appeal the plaintiff attacks the findings of the trial court as not supported by the evidence, as well as the court’s conclusions drawn from said findings. It is well settled that the “validity of such a claim is tested by the evidence printed in the appendices to the briefs. Practice Book §718; State v. Vars, 154 Conn. 255, 258, 224 A.2d 744.” Klein v. Chatfield, 166 Conn. 76, 78-79, 347 A.2d 58 (1974). On examination we find that the evidence set forth in the defendant’s appendix, in its brief and in the record fully supports the challenged findings.
When the plaintiff was injured at Temelini’s restaurant on July 31, 1969, Temelini was insured by
On July 23,1970, the plaintiff instituted an action for personal injuries in two counts, one of which was in common-law negligence. Aetna did not receive notice of the pendency of that action until October 20, 1972. Judgment was rendered in that action on November 4, 1975, for $14,415.55. That judgment has not been paid.
The insurance policy under which Temelini was insured by the Aetna provided that “if claim is made or suit is brought against the insured, the insured shall immediately forward to the company every demand, notice, summons or other process received by him or his representative.”
Aetna filed its motion for summary judgment on September 16, 1977. It included an affidavit that it had not received notice of the action of Kolibczynski v. Temelini, Superior Court, Hartford County, No. 166922, brought July 23,1970, until October 20,1972. Attached to the motion was the insurance policy which included the above quoted provision.
“To oppose the motion for summary judgment successfully, the defendants had to recite facts in accordance with Practice Book § 300 which contradicted those stated in the plaintiff’s affidavit. Dougherty v. Graham, 161 Conn. 248, 250, 287 A.2d
Therefore, we find that the trial court was correct in ruling, based on the pleadings and documents before it, that there were no genuine issues as to any material fact, and in granting a summary judgment for the defendant.
There is no error.
‘[General Statutes] Sec. 38-175. liability op insurer under liability policy. Each insurance company which issues a policy to any person, firm or corporation, insuring against loss or damage on account of the bodily injury or death by accident of any person, or damage to the property of any person, for which loss or damage sueh person, firm or corporation is legally responsible, shall, whenever a loss occurs under such policy, become absolutely liable, and the payment of sueh loss shall not depend upon the satisfaction by the assured of a final judgment against him for loss, damage or death occasioned by such casualty. No sueh contract of insurance shall be canceled or annulled by any agreement between the insurance company and the assured after the assured has become responsible for