Morris v. Atlantic Mutual Company, No. Cv95 032 39 05 (Aug. 22, 1995)

Connecticut Superior Court

Morris v. Atlantic Mutual Company, No. Cv95 032 39 05 (Aug. 22, 1995)

1995 Conn. Super. Ct. 9252

CourtConnecticut Superior Court

DecidedAugust 22, 1995

DocketNo. CV95 032 39 05

StatusUnpublished

This text of 1995 Conn. Super. Ct. 9252 (Morris v. Atlantic Mutual Company, No. Cv95 032 39 05 (Aug. 22, 1995)) is published on Counsel Stack Legal Research, covering Connecticut Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Morris v. Atlantic Mutual Company, No. Cv95 032 39 05 (Aug. 22, 1995), 1995 Conn. Super. Ct. 9252 (Colo. Ct. App. 1995).

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Opinion

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]MEMORANDUM OF DECISION The plaintiff seeks an order compelling arbitration of his claim for underinsured motorist benefits. The defendant resists, claiming that the plaintiff has not exhausted other available coverage. The plaintiff has fairly complied with the pleading requirements prescribed in Gaudet v. Safeco Insurance Company, 219 Conn. 39, 400, 593 A.2d 1362 (1991). Therefore, the plaintiff is entitled to the order he seeks if the issue of exhaustion of other available policies of insurance relates to the issue of coverage rather than to the issue of arbitrability. See generally, Wynn v. Metropolitan Property and Casualty Insurance Company,30 Conn. App. 803, 805-806, 623 A.2d 66 (1993), affirmed, 228 Conn. 436,635 A.2d 814 (1994). It does. Lane v. Aetna Casualty and SuretyCompany, 203 Conn. 258, 524 A.2d 616 (1987).

The application to compel arbitration is granted.

BY THE COURT,

LEVIN, JUDGE

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[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]MEMORANDUM OF DECISION The plaintiff seeks an order compelling arbitration of his claim for underinsured motorist benefits. The defendant resists, claiming that the plaintiff has not exhausted other available coverage. The plaintiff has fairly complied with the pleading requirements prescribed in Gaudet v. Safeco Insurance Company, 219 Conn. 39, 400, 593 A.2d 1362 (1991). Therefore, the plaintiff is entitled to the order he seeks if the issue of exhaustion of other available policies of insurance relates to the issue of coverage rather than to the issue of arbitrability. See generally, Wynn v. Metropolitan Property and Casualty Insurance Company,30 Conn. App. 803, 805-806, 623 A.2d 66 (1993), affirmed, 228 Conn. 436,635 A.2d 814 (1994). It does. Lane v. Aetna Casualty and SuretyCompany, 203 Conn. 258, 524 A.2d 616 (1987).

The application to compel arbitration is granted.

BY THE COURT,

LEVIN, JUDGE

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1995 Conn. Super. Ct. 9252, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morris-v-atlantic-mutual-company-no-cv95-032-39-05-aug-22-1995-connsuperct-1995.

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