Summary
relying on Clamage and McGowan
Summary of this case from Fischer v. Aetna Casualty and Surety Co.Opinion
No. 0104035
October 10, 1991
MEMORANDUM OF DECISION RE MOTION TO STRIKE PLEADING #106
The defendant moves to strike two claims for relief for double and treble damages on the ground that double or treble damages are not allowable under a suit under the provisions of uninsured and underinsured coverages in the plaintiff's policy.
In Clamage v. Aetna Casualty Insurance Company, 5 CSCR 340 the court granted a motion to strike a claim for double or treble damages under the provision of an uninsured/underinsured motorist policy on the ground that the tortfeasor is the only person against whom double or treble damages may attach. Also in McGowan v. Aetna Casualty, 4 Conn. L. Rptr. No. 5. 149, the court decided that Conn. Gen. Stat 14-295 permits recovery of double and treble damages against the tortfeasor and not against the insurer carrier.
The plaintiff relies upon Minuto v. Aetna Casualty and Surety Company.
The court agrees with the reasoning of Clamage and McGowan courts.
Accordingly, the motion to strike is granted.
FRANK S. MEADOW, J.