Latney v. Fernandez, 2025 WL 457693, No. HHD-CV-23-6168441S (Sup. Ct Hartford, Feb. 6, 2025)
The Superior Court of Connecticut denied a motion for summary judgment to dismiss a claim for uninsured motorist benefits because they found that the defendant failed to prove that the plaintiff had not exhausted the underlying limits of the alleged tortfeasor.
This matter involves a fairly regular scenario where an insured seeks additional pain and suffering coverage from their own underinsured motorist benefits when involved in an accident with an underinsured driver.
While there was evidence of an underlying $25,000 policy and a release, there was also evidence that Liberty Mutual had also potentially carried liability insurance on behalf of the defendant. Amica moved to dismiss its insured’s claim because it failed to exhaust the limits of the defendant’s policy with Liberty Mutual. There were competing facts as to whether Liberty Mutual was put on notice within the required timeframe or if there was an issue as to the statute of limitations. However, the requirement to exhaust underlying policies can be accomplished where one of the applicable policies validly denies coverage.
Since there was an issue of fact as to whether the Liberty Mutual coverage applied, Amica’s motion for summary judgment was denied.
