Russo v. Allstate Ins. Co
In Russo v. Allstate Ins. Co., Superior Court, judicial district of Waterbury, Docket No. 94-0123171 (December 16, 1997) (21 Conn. L. Rptr. 140), the plaintiff was involved in an automobile accident with an uninsured driver, and the plaintiff made a claim for benefits for his injuries with Aetna Casualty and Surety Company (Aetna), which was submitted to binding arbitration.
The arbitrators held that the plaintiff's own negligence was greater than 50 percent and thus found for Aetna.
On appeal, the arbitrators' decision was affirmed. See Russo v. Aetna Casualty & Surety Co., 34 Conn. App. 904, 641 A.2d 153 (1994).
The plaintiff then brought an action against the defendant carrier Allstate Insurance Company (Allstate) for his injuries arising from the same accident.
Allstate filed a motion for summary judgment on the ground that the plaintiff's action was barred by collateral estoppel; id., 140; and the trial court agreed and granted Allstate's motion for summary judgment. Id., 141.