WESTCHESTER FIRE INS. CO. v. ALLSTATE INS. CO.

(15158)

236 Conn. 362 (1996)

WESTCHESTER FIRE INSURANCE COMPANY v. ALLSTATE INSURANCE COMPANY

Supreme Court of Connecticut.

Decision released March 19, 1996.


Attorney(s) appearing for the Case

Joan Keating-McKeon, with whom, on the brief, was Joseph A. Hourihan, for the appellant (plaintiff).

Anita M. Varunes, for the appellee (defendant).

Kurt D. Koehler and William F. Gallagher filed a brief for the Connecticut Trial Lawyers Association as amicus curiae.

Peters, C. J., and Callahan, Borden, Norcott and Palmer, JS.


BORDEN, J.

The dispositive issue in this appeal is whether an uninsured motorist insurance carrier that has paid underinsured motorist benefits to its insured may bring a subrogation action against the tortfeasor's liability insurer, which, the uninsured motorist carrier contends, wrongfully denied coverage of the insured's claim against the tortfeasor. The plaintiff, Westchester Fire Insurance Company, also known as Crum and Forster

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