Guidi v. Mitchell, No. Cv98 034 97 44 (Nov. 16, 1999)

The issues before the court are whether the plaintiff may recover benefits under the uninsured motorist provisions of her automobile liability insurance policy if a tortfeasor-defendant is protected by a policy with higher limits and, secondarily, whether the plaintiffs claims against the tortfeasor and her own insurance carrier are properly joined.

This action arises from an automobile accident involving vehicles operated by the plaintiff, Maria Guidi, and the defendant, Adrian Mitchell. Count one of the complaint alleges negligence against Mitchell. Count two seeks recovery under the…