Scottsdale Insurance Company v. Underwriters at Lloyd's London (2009)

MEMORANDUM OF DECISION

The defendant, Underwriters of Lloyds, London sought to have the court reconsider its judgment entered in favor of the plaintiff Scottsdale Insurance Company and against the defendant in the sum of $143,489.29 plus taxable costs.   After a careful review of the extensive supplemental briefs and oral arguments of the parties, the court is of the opinion, whether predicated on the theory contribution or unjust enrichment, that the judgment in favor of the plaintiff should stand.

There is one practical reason underlying the court's decision which should not be ignored.   Any other decision would lead to litigation where both the Owner and tenant carry identical fire insurance policies on the same property because the first insurer who acknowledges its legal obligation to pay for the loss or is forced to do so would be at a disadvantage.

The court reaffirms its decision dated September 8, 2009.¹

Robert J. Berdon

Judge Trial Referee

FOOTNOTES

FN1. The court recognizes that the case will probably be appealed.   If so, the court urges the Supreme Court of Connecticut to transfer the appeal to itself because it raises issues of first impression..  FN1. The court recognizes that the case will probably be appealed.   If so, the court urges the Supreme Court of Connecticut to transfer the appeal to itself because it raises issues of first impression.

Berdon, Robert I., J.T.R.