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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Respectfully, I dissent from the majority opinion because it is contrary to the law of equitable subrogation, as it pertains to the rights of landlords and tenants, and results in the type of economic waste that our Supreme Court held is to be avoided as a matter of public policy. See DiLullo v. Joseph, 259 Conn. 847, 853-54, 792 A.2d 819 (2002). In addition, the majority's decision misapplies the tenets of contract construction; see, e.g., Rund v. Melillo, 63 Conn.App. 216, 220, 772 A.2d 774 (2001); and the standard applicable to motions for summary judgment. I would affirm the trial court's granting of the motion for summary judgment filed by the defendants Brian Vaszil and Robert Vaszil[1] because the standard form lease the parties used does not contain an express agreement between the landlord, the plaintiff's insured, and the Vaszils regarding the right of subrogation of the plaintiff, the Middlesex Mutual Assurance Company.

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