Superior Court of Connecticut, Judicial District of Windham, Putnam
E CALMAR, Judge
144.00 MOTION FOR SUMMARY JUDGMENT
foregoing, having been considered by the Court, is hereby:
to Practice Book § 17-44, Joseph Wagenbrenner ("
Joseph"), moves for summary judgment. Joseph and his
brother, Anton " Mark" Wagenbrenner ("
Mark"), are insureds on a homeowner's policy on a
dwelling they jointly own in Ashford, Connecticut. After the
dwelling caught fire and the parties could not agree on a
disbursement from the homeowner's policy, the insurer,
the interpleader plaintiff, paid the policy proceeds into
Court (" the Fund") and was then dismissed from the
case (" Interpleader Plaintiff).
to the First Count of his Amended Statement of Claim dated
May 9, 2016, Joseph claims that based on his status as an
additional insured and on his record ownership interest in
the Ashford dwelling, he is entitled to a disbursement of
$109, 854.73 from the Fund. Pursuant to the Sixth Count of
his Amended Statement of Claim dated May 9, 2016, Joseph
claims that Mark negligently left frying potatoes unattended
which caused the fire that damaged the dwelling and its
contents. As to the Sixth count. Joseph seeks summary
judgment as to liability only.
remaining counts of Joseph's Complaint are not impacted
by this Motion.
around August 14, 1979, Joseph and his father, Anton G.
Wagenbrenner (" Anton"), purchased, as tenants in
common, 77 acres on Westford Hill Residence in Ashford,
Connecticut, by way of a Warranty Deed recorded in Volume 70
at Page 504 in the land records for the Town of Ashford
(" 1979 Warranty Deed"). At the time, Joseph and
his father, Anton, each owned a 50% interest in the 470-480
Westford Hill Parcel. On August 14, 1979, Anton conveyed the
470-480 Westford Hill Parcel to himself and June P.
Wagenbrenner, Anton's wife (" June"), with
rights of survivorship.
fall of 2008, with both parents deceased Joseph owned 75% and
Mark owned 25% of the 470-480 Westford Hill Parcel.
homeowner's policy continued in place from May 2009 until
at least, February 2014. On February 2, 2014 (" Date of
Loss"), the 480 Westford Hill Residence, where Mark
resided, caught fire and burned after Mark left food
unattended in a deep fryer. As of the Date of Loss, the 480
Westford Hill Residence and all of its contents were insured
against fire loss by Mark by way of a homeowner's policy
with the Interpleader Plaintiff. Joseph was a named
additional insured under the Fire Policy. The Interpleader
Plaintiff tendered an offer of settlement refused to divide
the check(s) between Joseph and Mark based on their ownership
interest of record.
around July 1, 2014, the State of Connecticut, Department of
Public Safety concluded its investigation of the fire and
determined that Mark caused the fire, that combustible
materials were left on the cooking surface, and determined
there were no smoke detectors in the 480 Westford Hill
Joseph is a named insured under the Fire Policy and owns 75%
of the 480 Westford Hill Residence, Joseph is entitled to a
partial distribution of the Fund in the total amount of $109,
854.73, The policy limits in the Fire Policy for the 480
Westford Hill Residence and the amount of the Fund paid into
Court were predicated on Joseph's status as an additional
not entitled to more than 25% of the portion of the Fund
allocated to the loss of the 480 Westford Hill Residence
($146, 472.97) because the policy limit, amount tendered
pre-suit, the amount paid into Court and the language of the
Insuring Agreement were all designed to compensate Joseph and
Mark for the fire loss, Thus, as the additional insured,
Joseph is entitled to 75% of the $146, 472.97 or $109,
854.73. Mark has waived any claim that Joseph was not an
additional insured. Mark's ability to amend the
admissions was foreclosed when the Interlocutory ...