Hartford Airmotive, Inc. v. Insurance Co. of North America
Hartford Airmotive, Inc. v. Insurance Co. of North America
Opinion of the Court
The plaintiff, Hartford Airmotive, Inc., brought this action to recover damages from the defendant, Insurance Company of North America (INA), for breach of an insurance contract. Judgment was rendered for the defendant and the plaintiff has appealed.
Although parts of the finding were assigned as error, they were not pursued in the plaintiff’s brief and are considered abandoned. Hartford National Bank & Trust Co. v. Redevelopment Agency, 164 Conn. 337, 338, 321 A.2d 469. The finding of fact is, in part, as follows: On May 28, 1967, a passenger died in the crash of an airplane owned by Aqua Aero Corporation (Aqua) and leased to the plaintiff. The defendant insured both Aqua and the plaintiff under unrelated policies that provided different coverages. After receiving notice that the passenger’s estate had a claim against Aqua, the defendant, on November 16, 1967,
The issue on appeal, as framed by the plaintiff, is whether the insurer of a casualty loss is obligated, upon request of the insured, to provide a party suing an insured with a letter stating that the insurer will pay any judgment rendered against the insured up to the limits of the insured’s policy, although the policy of insurance contains no such express requirement. The plaintiff asserts that an acknowledgment is a part of the duty to defend, but it cites no authority for this proposition. The court found that under the policy between the plaintiff and the defendant, the defendant’s obligation with respect to an attachment is to pay the premium on a release bond. And the court concluded that the defendant had no obligation to secure the release of the attachment on the plaintiff’s property beyond paying the premium on a release bond, which premium the defendant offered to pay. It also concluded that the defendant acted reasonably and in good faith in performing its obligations under the contract. This finding and these conclusions are not attacked and are dispositive of this appeal.
There is no error.
Reference
- Full Case Name
- Hartford Airmotive, Inc. v. Insurance Company of North America
- Status
- Published