Jensen v. Nationwide Mut. Ins. Co.
| Citation | 150 Conn. 56,185 A.2d 77 |
| Court | Supreme Court of Connecticut |
| Decision Date | 09 October 1962 |
| Parties | Ruth E. JENSEN et al. v. NATIONWIDE MUTUAL INSURANCE COMPANY et al. Supreme Court of Errors of Connecticut |
Charles L. Flynn, New Haven, for appellant (defendant Virginia brokett).
William J. Ryan, New Haven, for the appellees (plaintiffs).
Before BALDWIN, C. J., and KING, MURPHY, SHEA and ALCORN, JJ.
Before the commencement of this action, the defendant Virginia Brockett, a minor acting by her next friend, instituted suit against the present plaintiffs to recover damages for personal injuries sustained while she was a passenger in an automobile alleged to have been owned by the named plaintiff and operated by the other plaintiff. Brockett v. Jensen, Superior Court, New Haven County, No. 85767. In the present action, the plaintiffs sought a declaratory judgment to determine the liability, if any, of the named defendant, hereinafter called Nationwide, under an automobile liability insurance policy issued by it to the named plaintiff. In its answer, Nationwide denied that under its policy any coverage existed for either of the plaintiffs and admitted that it had refused to defend them in the action brought by Virginia Brockett. The defendant Virginia Brockett admitted all of the allegations of the complaint. The trial court rendered judgment declaring that Nationwide is not liable on the policy for any damages which the plaintiffs may be obligated to pay because of the injuries arising out of the accident, that Nationwide is not obligated to defend the plaintiffs in any lawsuit arising out of the accident, and that Nationwide is not obligated to pay the plaintiffs any attorneys' fees to defend any lawsuit arising out of the accident. The defendant Virginia Brockett appealed from the judgment. Thereafter, Nationwide filed a motion in this court to dismiss the appeal, claiming that the appeal bond furnished by Virginia did not provide Nationwide with security for costs. We dismissed the appeal as to Nationwide. Jensen v. Nationwide Mutual Ins. Co., 147 Conn. 722, 161 A.2d 785.
The existence of an actual controversy is a prerequisite to appellate jurisdiction. Newton v. Barnett, 146 Conn. 344, 346, 150 A.2d 821; Reynolds v. Vroom 130 Conn. 512, 515, 36 A.2d 22. The relief requested in the present complaint is directed solely to the obligations of Nationwide under its insurance policy. Nationwide is a necessary party and without its presence its rights cannot be affected...
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Robinson v. Faulkner
...of error which is directed to the rights of Pratt and Whitney Aircraft Company as intervening plaintiff. Jensen v. Nationwide Mutual Ins. Co., 150 Conn. 56, 58, 185 A.2d 77. The plaintiff asserts that he was entitled to the benefit of cooperation and help from the intervening plaintiff in t......
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Brockett v. Jensen
...that the factual issue of the ownership of the car by Mrs. Jensen had been judicially determined in the case of Jensen v. Nationwide Mutual Ins. Co., 150 Conn. 56, 185 A.2d 77; A-412 Rec. & Briefs, back of p. 233. In the Trealor case, the plaintiff demurred to this defense on the ground tha......
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Lambrakos v. Carson
...this appeal, is a necessary party. Without her presence, a judgment of this court may not affect her rights. Jensen v. Nationwide Mutual Ins. Co., 150 Conn. 56, 58, 185 A.2d 77. Furthermore, it is an established principle that the existence of an actual controversy is a prerequisite to appe......
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Jensen v. Nationwide Mut. Ins. Co.
...was no justiciable controversy between the parties remaining on the appeal, namely, Virginia and the plaintiffs. Jensen v. Nationwide Mutual Ins. Co., 150 Conn. 56, 185 A.2d 77. The actions of Virginia Brockett and Robert Trealor against the plaintiffs were thereafter tried on their merits ......