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November 12, 2013
It is a recurrent,
the plaintiff has
a strong case against an insured defendant,
but the carrier disclaims coverage,
asserting that the conduct alleged in the
complaint is not covered. The two obvious
options are unpalatable: one is to
abandon the claim; the other is to pursue
the case to judgment and only then hope
to establish coverage by bringing an
entirely new action, this time against the
insurance company for subrogation under
General Statutes § 38a-321. In Hamilton v.
USAA, 115 Conn. App. 774, cert. denied,
293 Conn 924 (2009), we tried a third,
more sensible approach, only to see the
Appellate Court elevate form over substance
in a decision that requires plaintiffs
to take the long way around to justice.