MCGLINCHEY v. AETNA CASUALTY & SURETY CO.

(14512)

224 Conn. 133 (1992)

DONNA MCGLINCHEY v. AETNA CASUALTY AND SURETY COMPANY

Supreme Court of Connecticut.

Decision released December 8, 1992.


Attorney(s) appearing for the Case

David C. Shaw, for the appellant (plaintiff).

Eugene A. Cooney, with whom, on the brief, was Rodd J. Mantell, for the appellee (defendant).

Joram Hirsch and William F. Gallagher filed a brief for the Connecticut Trial Lawyers Association as amicus curiae.

PETERS, C. J., CALLAHAN, BORDEN, BERDON and NORCOTT, JS.


PETERS, C. J.

The principal issue in this appeal is the enforceability of a provision in a contract for uninsured or underinsured motorist coverage that requires the insured to initiate collection proceedings within a two year period from the occurrence of an automobile accident. The plaintiff, Donna McGlinchey (insured), filed a demand for arbitration of an underinsured motorist claim pursuant to her insurance contract with the defendant, Aetna Casualty and Surety...

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