Hilario Truck Center, LLC v. Kohn

         Argued March 6, 2019

         Appeal from the Superior Court, Judicial District of Danbury, Mintz, J.

Page 679

          Kenneth A. Votre, New Haven, for the appellant (plaintiff).

         Raymond J. Kelly, Fairfield, for the appellee (defendant Allstate Insurance Company).

         DiPentima, C.J., and Lavine and Harper, Js

          OPINION

         DiPENTIMA, C.J.

         [190 Conn.App. 444] The plaintiff, Hilario Truck Center, LLC, appeals from the judgment of dismissal of the third count of its operative complaint following the granting of the motion to dismiss filed by the defendant Allstate Insurance Company (Allstate).^[1] The plaintiff argues that the court erred when it concluded that the [190 Conn.App. 445] plaintiff lacked standing to bring a claim as a third-party beneficiary against Allstate pursuant to an automobile insurance policy issued to the defendant Kevin E. Kohn. We affirm the judgment of the trial court.

          The plaintiff commenced the present action in October, 2015. In its operative complaint, the plaintiff alleged the following facts.^[2] On October 23, 2014, the

Page 680

defendant Kevin S. Kohn was operating a 1995 Buick in Newtown. The vehicle, owned by his father, Kevin E. Kohn, swerved off the road and came to rest on the property of Cliff Beers and Maryellen Beers. Kevin E. Kohn called the plaintiff to remove the vehicle from the property and tow the vehicle to its facility. The plaintiff successfully removed the vehicle from the Beers’ property.

         The plaintiff filed a three count complaint against Kevin S. Kohn, Kevin E. Kohn and Allstate. The first and second counts, sounding in breach of contract and unjust enrichment, were directed against Kevin S. Kohn and Kevin E. Kohn.^[3] The third count, directed against Allstate, alleged that Kevin E. Kohn was the named insured of an insurance policy issued by Allstate. The plaintiff further claimed the insurance policy obligated Allstate to make payments to a third party for damages [190 Conn.App. 446] arising from the use of an automobile covered under the policy and that Allstate had not done so.^[4] Finally, the plaintiff alleged that it was due payment for its towing services as a third-party beneficiary pursuant to the insurance policy and that Allstate had failed to pay the plaintiff.

         On August 22, 2017, Allstate moved to dismiss the third count of the plaintiff’s operative complaint. Allstate argued that the plaintiff was not a third-party beneficiary of its insurance policy issued to Kevin E. Kohn. Allstate reasoned, therefore, that the plaintiff lacked standing. In support of this motion, Allstate relied on the judgment rendered by the court, Truglia, J., in Hilario’s Truck Center, LLC v. Rinaldi, Superior Court, judicial district of Danbury, Docket No. CV-16-6019558-S (October 17, 2016), aff’d, 183 Conn.App. 597, 193 A.3d 683, cert. denied, 330 Conn. 925, 194 A.3d 776 (2018).^[5]

          On December 18, 2017, the court granted Allstate’s August 22, 2017 motion to dismiss, stating: "Granted. [190 Conn.App. 447] The court adopts Judge Truglia’s ruling in ... Hilario’s Truck Center, LLC v. [Rinaldi, supra, ...