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AETNA CASUALTY & SURETY CO. v. MURPHY

(13206)

206 Conn. 409 (1988)

AETNA CASUALTY AND SURETY COMPANY v. GEORGE A. MURPHY III

Supreme Court of Connecticut.

Decision released March 1, 1988.

Attorney(s) appearing for the Case

Lester Katz, with whom was Rebecca B. Lamont, for the appellant (defendant-third party plaintiff).

Richard A. Roberts, with whom, on the brief, was Paul A. Morello, Jr., for the appellee (third party defendant).

PETERS, C. J., HEALEY, CALLAHAN, GLASS and COVELLO, JS.

PETERS, C. J.

The sole issue in this appeal is whether an insured who belatedly gives notice of an insurable claim can nonetheless recover on the insurance contract by rebutting the presumption that his delay has been prejudicial to the insurance carrier. The plaintiff, Aetna Casualty and Surety Company, brought an action against the defendant, George A. Murphy III, to recover for damage he allegedly caused to a building it had insured. The defendant then filed a...

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