Alexander v. W.F. Shuck Petroleum Co.
Connecticut Superior Court
2009 WL 2783587 (2009)
- Written by Jody Stuart, JD
Facts
Christopher Alexander (plaintiff) was injured when he slipped and fell on ice and snow at a gas station owned by W. F. Shuck Petroleum Company (Shuck) (defendant). At the time of the incident, Shuck had an insurance contract with Utica First Insurance Company (Utica) (defendant), under which Utica agreed to provide liability coverage for injuries sustained by any individual at the gas station and to make reasonable medical payments to those injured persons. Alexander filed a complaint against Shuck and Utica, alleging a claim of negligence against Shuck, in count one, and a breach of contract against Utica, in count two. In count two of the complaint, Alexander alleged that Utica failed to pay Alexander’s medical expenses, which Utica agreed to pay in the insurance contract with Shuck. Utica filed a motion to strike count two of the complaint, alleging that Alexander was not a party to the insurance contract between Utica and Shuck and, therefore, lacked a sufficient cause of action until judgment was rendered against Shuck.
Rule of Law
Issue
Holding and Reasoning (Tanzer, J.)
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