News Brief

Del Gatto, Connors and Valauri Obtain Dismissal – Pro Se Plaintiff Had No Basis to Maintain Direct Action against Insurer

June 5, 2019

Brian Del Gatto (Partner-Connecticut), Douglas M. Connors (Partner-Connecticut) and Matthew D. Valauri (Associate-Connecticut) obtained dismissal in New York State Supreme Court, County of Delaware for our clients, a Canadian truck driver and trucking company and their insurer, in a case where a pro se plaintiff commenced suit for personal injuries resulting from a minor rear-end automobile accident shortly before the three-year Statute of Limitations expired. The plaintiff attempted service upon our Canadian clients via certified mail, without complying with New York Laws governing service of process. Upon receipt of the Complaint from the adjuster, Brian, Doug and Matt acted quickly to assess the situation, identify the multiple failures of the plaintiff to properly serve the Summons and Complaint, and timely file a motion to dismiss all claims for service of process deficiencies and for failure to state a cause of action against the insurer on the basis that a claimant does not have standing to sue an insurer without first obtaining a judgment against the insured, which remains unsatisfied after it had been presented to the insurer for payment. The Court dismissed the plaintiff’s Complaint on all counts against the insured and its driver for improper/late service and for failure to state a cause of action against the Insurer. 

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