Legal Opinion

Shelby Mutual Insurance v. Ghelfa

Connecticut Appellate Court

Decided March 26, 1985No. 2130PublishedCited by 31 opinions

1Opinion of the CourtBorden, J.

The principal issue in this appeal1 is whether the plaintiff, an automobile no-fault insurer which has paid more than $5000 to its insured for his economic loss, as defined in General Statutes § 38-319 (b), is, upon the insured’s recovery from a third party tortfeasor, limited to a lien of $5000. The trial court rendered a summary judgment holding that the plaintiff is so limited. As to this principal issue, we find error in that part of the summary judgment limiting the plaintiff’s recovery to $5000. We also find error in part on the cross appeal.

The plaintiff’s complaint is in two counts.…

2Cases cited26 opinions

  1. Coleman v. Conservation Society of Southern Vermont, Inc.Supreme Court of the United States · 1975
  2. Breen v. PhelpsSupreme Court of Connecticut · 1982
  3. Amodio v. CunninghamSupreme Court of Connecticut · 1980
  4. Gentile v. AltermattSupreme Court of Connecticut · 1975
  5. Anderson v. LudginSupreme Court of Connecticut · 1978

21 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. Deming v. Nationwide Mutual InsuranceSupreme Court of Connecticut · 2006
  2. Red Hill Coalition, Inc. v. Conservation CommissionSupreme Court of Connecticut · 1989
  3. State v. CainSupreme Court of Connecticut · 1992
  4. Shelby Mutual Insurance v. Della GhelfaSupreme Court of Connecticut · 1986
  5. Schmidt v. Yardney Electric Corp.Connecticut Appellate Court · 1985

26 more not listed; retrieve them via the Exa API.

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