(Download) "Novella v. Hartford Accident & Indemnity Co." by Supreme Court of Connecticut # eBook PDF Kindle ePub Free
eBook details
- Title: Novella v. Hartford Accident & Indemnity Co.
- Author : Supreme Court of Connecticut
- Release Date : January 27, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 78 KB
Description
This appeal arose out of an action
against the Hartford Accident and Indemnity Company,
an automobile liability insurer, hereinafter
referred to as the defendant, brought by the
plaintiff John M. Novella, a judgment creditor of
the defendant's insureds, Russell Novella and
Joseph Novella, to recover the amount of a
judgment obtained for personal injuries sustained
in a motor vehicle accident. The action was
brought pursuant to General Statutes 38-175, which
provides for the subrogation of a judgment
creditor to all the insured's rights against the
defendant insurer. The defendant interposed three
special defenses based on clauses in the insurance
policy itself, namely, that (1) the policy
excludes coverage for injuries to an employee of
the insureds arising out of and in the course of
his employment; (2) the policy excludes coverage
for any obligation for which the insureds may be
liable under the Workmen's Compensation Act; and
(3) the insureds breached a clause requiring their
cooperation. The issues were submitted to the jury
which returned a verdict for the defendant.
Following a denial of the plaintiff's motions
to set aside the verdict and for judgment
notwithstanding the verdict, the trial court
rendered a judgment for the defendant. From the
judgment rendered, the plaintiff has appealed to
this court assigning as error, inter alia: the
denial of his motions to set aside the verdict and
for judgment notwithstanding the verdict; the
failure to include certain requests in the charge
to the jury and the inclusion therein of portions
claimed objectionable; in finding or refusing to
find facts set forth in the claims of proof; and
in rulings made during the trial.
[163 Conn. 555]