Middlesex Mutual Assurance Co. v. Vaszil, 873 A.2d 1030 (2005)

Citation: Middlesex Mutual Assurance Co. v. Vaszil, 873 A.2d 1030 (2005)
Parent Document: Middlesex Mutual Assurance Co. v. Vaszil, 873 A.2d 1030 (2005)
Jurisdiction: Connecticut (state)
Effective Date: 2005-06-07
Original Source: https://www.courtlistener.com/opinion/1903021/middlesex-mutual-assurance-co-v-vaszil/ ↗

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The construction of the effect of pleadings is a question of law over which this court exercises plenary review. See Miller v. Eagan, 265 Conn. 301, 308, 828 *496A.2d 549 (2003). As noted in part III, to withstand a motion for summary judgment, the issue raised by the facts alleged in the complaint must be one a party may litigate under applicable principles of substantive law. Altfeter v. Naugatuck, supra, 53 Com. App. 800; New Milford Savings Bank v. Roina, supra, 38 Conn. App. 245. Although the plaintiff alleged and presented evidence of its right to subrogate under the insurance policy, it does not allege an express agreement between the landlord and the Vaszils to that effect. Under substantive law, the agreement at issue is the one between the landlord and the Vaszils, not the agreement between the plaintiff and its insured. No matter what construction is given the amended complaint, the plaintiff cannot prevail as a matter of law in the absence of an express agreement between the landlord and the Vaszils.

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