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Keyes v. Pennsylvania General Accident Ins. Co.

Appellate Court of Connecticut
May 13, 1997
695 A.2d 548 (Conn. App. Ct. 1997)

Opinion

(AC 15462)

Submitted on briefs March 6, 1997

Officially released May 13, 1997

Application to compel the defendant to proceed with arbitration, brought to the Superior Court in the judicial district of New Haven, where the court, W. Sullivan, J., granted the application; thereafter, the defendant filed a motion to confirm the arbitration award, and the plaintiff filed a motion to vacate the award; subsequently, the matter was tried to the court; judgment granting the motion to confirm and denying the motion to vacate, from which the plaintiff appealed to this court. Affirmed.

Frank J. Kolb, Jr., and Louis A. Crisci, Jr., filed a brief for the appellant (plaintiff).

Michael J. Quinn filed a brief for the appellee (defendant).


The plaintiff appeals from the trial court's judgment confirming an arbitration award in favor of the defendant. The issue submitted to the arbitrators was framed as follows: "Where the injured nonresident passenger recovers the full liability coverage from the at fault car's carrier in a one car accident under a single limit $300,000 policy which insures three (3) cars, does the claimant have an underinsured motorist claim against the same carrier for the balance of the policy?"

After the appeal was filed, the plaintiff died. On November 1, 1996, we granted the motion of Daniel Keyes, Sr., administrator of the plaintiff's estate, to be substituted as the plaintiff.

A majority of the three member arbitration panel answered the question in the negative. The trial court denied the plaintiff's motion to vacate the arbitration award and granted the defendant's motion to confirm the award. The plaintiff appealed to this court.

We are persuaded by our examination of the record and consideration of the briefs of the parties that the judgment of the trial court should be affirmed. In a thoughtful and comprehensive memorandum of decision, the trial court analyzed the law in a manner consistent with our statutes and case precedents. Keyes v. Pennsylvania General Accident Ins. Co., 44 Conn. Sup. 499, ___ A.2d ___ (1995). Because that memorandum addresses the arguments raised in this appeal, we adopt the trial court's well-reasoned decision as a statement of the applicable law. It would serve no useful purpose for us to repeat the discussion contained therein. See Yantic Volunteer Fire Co. v. Freedom of Information Commission, 42 Conn. App. 519, 522, 679 A.2d 989 (1996); State v. Mobley, 33 Conn. App. 103, 105, 633 A.2d 726 (1993), cert. denied, 228 Conn. 917, 636 A.2d 849 (1994).


Summaries of

Keyes v. Pennsylvania General Accident Ins. Co.

Appellate Court of Connecticut
May 13, 1997
695 A.2d 548 (Conn. App. Ct. 1997)
Case details for

Keyes v. Pennsylvania General Accident Ins. Co.

Case Details

Full title:DANIEL KEYES, JR. v. PENNSYLVANIA GENERAL ACCIDENT INSURANCE COMPANY

Court:Appellate Court of Connecticut

Date published: May 13, 1997

Citations

695 A.2d 548 (Conn. App. Ct. 1997)
695 A.2d 548

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