March 6, 2019
from the Superior Court, Judicial District of Danbury, Mintz,
Kenneth A. Votre, New Haven, for the appellant (plaintiff).
J. Kelly, Fairfield, for the appellee (defendant Allstate
C.J., and Lavine and Harper, Js
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). 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.
plaintiff commenced the present action in October, 2015. In
its operative complaint, the plaintiff alleged the following
facts. On October 23, 2014, the
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.
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. 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. 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
August 22, 2017, Allstate moved to dismiss the third count of
the plaintiffs 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 Hilarios Truck Center,
LLC v. Rinaldi, Superior Court, judicial district of
Danbury, Docket No. CV-16-6019558-S (October 17, 2016),
affd, 183 Conn.App. 597, 193 A.3d 683, cert. denied, 330
Conn. 925, 194 A.3d 776 (2018).
December 18, 2017, the court granted Allstates August 22,
2017 motion to dismiss, stating: "Granted. [190
Conn.App. 447] The court adopts Judge Truglias ruling in ...
Hilarios Truck Center, LLC v. [Rinaldi,