|
The Connecticut Supreme Court held that arbitration for uninsured motorist insurance coverage is available to all covered persons, not just to the named insured.
In Lucido v. Zurich Ins. Co., No. CV030081699, 2007 WL 196520 (Conn. Super. Jan. 12, 2007), George Lucido and a co-worker, were involved in an automobile accident with Eugenia Kowats. The vehicle was owned by Lucido's co-worker employer and was being driven on a work-related errand.
Kowats' insurance was not adequate to cover Lucido's costs. Lucido claimed that because his employer had directed them to take the personal vehicle, they were covered under their employer's uninsured motorist policy, held by Zurich. Lucido filed for arbitration to determine the question of coverage.
The Court rejected Zurich's argument that Lucido was not within the class of covered persons allowed to compel arbitration because the vehicle involved in the accident was not specifically covered by the policy. First, the uninsured motorist section of the policy stated that the insured includes a person in a covered vehicle or a "temporary substitute" for a covered vehicle if the covered vehicle cannot be used. (Internal citations omitted).
Also, Connecticut's statute "§ 52-410 did not exclude enforcement of its terms by third party beneficiaries." See C.G.S.A. § 52-410; See Gaudet v. Safeco Ins. Co., 593 A.2d 1362 (Conn. 1991).
Subscribe to a free weekly update on ADR case law and
legislation
|