Fahey v. Safeco Ins. Co. of America
In Fahey v. Safeco Ins. Co. of America, 49 Conn. App. 306, 714 A.2d 686 (1998), the plaintiff was seeking underinsured motorist benefits from his own insurer. Prior to trial, the plaintiff had received $ 100,000 from the tortfeasor, which was the total amount of the tortfeasor's insurance coverage. The plaintiff then sought underinsured motorist benefits from his insurer. The insurer admitted liability, and the case was tried to a jury on the issue of damages alone. The jury returned a verdict in favor of the plaintiff in the amount of $ 90,064.77.
The court then rendered judgment in favor of the defendant. It concluded that because the plaintiff already had received compensation in the amount of $ 100,000, an amount that was in excess of the value that the jury had placed on his damages, the plaintiff was not entitled to additional compensation by way of underinsured motorist benefits.
The plaintiff appealed, and this court affirmed the judgment of the trial court. We held that the plaintiff would have received an impermissible double recovery in violation of both 38a-335 (c) and the public policy of this state if the court had rendered judgment in favor of the plaintiff in the amount of the $ 90,064.77 jury verdict because the plaintiff would then have received $ 190,064.77 in compensation for damages that the jury had valued at $ 90,064.77. Fahey v. Safeco Ins. Co. of America, supra, 49 Conn. App. at 312.