Domschine v. Equitable Life Assurance Society
Domschine v. Equitable Life Assurance Society
Opinion of the Court
The plaintiff brought suit seeking a declaratory judgment to determine whether her employer, the defendant Bryant Circuit Protective Devices Division,
The record in this case is devoid of any indication that “all persons having an interest in the subject matter of the complaint” were either made parties to the action or given reasonable notice of the suit as is required by Practice Book § 390 where a declaratory judgment is sought.
Other employees of Bryant who were covered under the disability plan had an interest in the subject matter of the suit which would have been affected by any declaratory judgment. Because these employees were not given notice, the trial court lacked jurisdiction to
There is error, the judgment is set aside and the case is remanded with direction to dismiss the action for lack of jurisdiction.
Bryant is a division of Westinghouse Electric Corporation.
Practice Book § 390 provides in part: “The court will not render declaratory judgments upon the complaint of any person: . . . (d) unless all persons having an interest in the subject matter of the complaint are parties to the action or have reasonable notice thereof.”
Case-law data current through December 31, 2025. Source: CourtListener bulk data.