Bourget v. Government Employees Insurance

MOTION FOR REHEARING

GEICO’s original motion to dismiss was based on the contention that plaintiff, the injured party, had no direct cause of action against GEICO, the insurer, to recover the excess over the policy limits on the ground that the insurer negligently failed to settle within the policy limits. The Court rejected GEICO’s contention and held that “the language of Conn.Gen.Stat. § 38-175 clearly subrogates the injured person to all the insured’s rights against the insurer.” 287 F.Supp. at 110.

GEICO’s motion for rehearing is addressed principally to the Court’s decision of July 19,…