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SHELBY MUTUAL INS. CO. v. DELLA GHELFA

(2130)

3 Conn. App. 432 (1985)

SHELBY MUTUAL INSURANCE COMPANY v. DENNIS DELLA GHELFA ET AL.

Appellate Court of Connecticut.

Decision released March 26, 1985.

Attorney(s) appearing for the Case

Marc N. Needelman, with whom was Edward Seltzer, for the appellant-appellee (plaintiff).

Donald C. Simmons, with whom was William A. Conti, for the appellee-appellant (defendant Zbigniew S. Rozbicki).

Paul R. Griffin, for the appellee (named defendant).

DUPONT, C.P.J., HULL and BORDEN, JS.

BORDEN, J.

The principal issue in this appeal1 is whether the plaintiff, an automobile no-fault insurer which has paid more than $5000 to its insured for his economic loss, as defined in General Statutes § 38-319 (b), is, upon the insured's recovery from a third party tortfeasor, limited to a lien of $5000. The trial court rendered a summary judgment holding that the plaintiff is so limited...

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