Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

General Insurance Co. of America v. Wagenbrenner

Superior Court of Connecticut, Judicial District of Windham, Putnam

January 30, 2017

GENERAL INSURANCE COMPANY OF AMERICA
v.
WAGENBRENNER, ANTON M. Et Al

          ORDER

          HARRY E CALMAR, Judge

         ORDER REGARDING:

         09/22/2016 144.00 MOTION FOR SUMMARY JUDGMENT

         The foregoing, having been considered by the Court, is hereby:

         ORDER: GRANTED

         Pursuant 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).

         Pursuant 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.

         The remaining counts of Joseph's Complaint are not impacted by this Motion.

         On or 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.

         By the fall of 2008, with both parents deceased Joseph owned 75% and Mark owned 25% of the 470-480 Westford Hill Parcel.

         A 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.

         On or 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 Residence.

         Because 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 insured.

         Mark is 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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.