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Insurance Law Appellate Court Opinion

by Roy, Christopher


AC44114 - DiTullio v. LM General Ins. Co. ("This appeal concerns an arbitration award (award) that arose out of an underinsured motorist cause of action. The plaintiff, Gabrielle DiTullio, appeals from the judgment of the trial court 'confirming the arbitration award with a deduction for the $20,000 offset to clarify the amount to be awarded is $12,500 in accordance with the law.' (Emphasis added.) On appeal, the plaintiff claims that the court improperly deducted $20,000 from the award because the court (1) lacked statutory authority to do so, as the defendant, LM General Insurance Company, failed to file a motion to modify, correct, or vacate the award pursuant to General Statutes § 52-407tt, § 52-407xx, or § 52-407ww, and also (2) lacked common-law authority to do so. We conclude that the deduction was proper, but on different grounds than those relied upon by the court. The court had authority to deduct the $20,000 settlement from the tortfeasor from the full value arbitration award to conform the award to the parties' written agreement. The court, however, miscalculated the amount of the judgment, and thus, we affirm in part and reverse in part the judgment of the trial court.")