In a case of first impression in Connecticut, the court in Alexander v. W.F. Schuck Petroleum Co., 2009 Conn. Super. LEXIS 2096 (Conn. Super. Ct. Aug. 3, 2009) (Tanzer, J.), held that a plaintiff is permitted to bring a direct action against the insurer of the alleged tortfeasor under the medical payments coverage portion of a liability insurance policy.   

 

 

A recent federal case held that the wording of an insurance policy was unclear and ambiguous as to whether the defendant, Swiss Re, was an insurer or a reinsurer, and therefore allowed the insured to maintain its action against Swiss Re.  Felman Production Inc. v. Industrial Risk Insurers, Westport Insurance Company and Swiss Reinsurance America Corporation, 2009 U.S. Dist. LEXIS 97936 (S.D.W.V. Oct. 19, 2009).  After the insured sued the listed defendants for coverage under its insurance policy, Swiss Re moved to dismiss the complaint on the ground that it was a reinsurer of the policy, not an insurer, and therefore could not be sued directly by the insured as there was no privity of contract between them.