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Voris v. Middlesex Mutual Assurance Co.
State: Connecticut
Court: Supreme Court
Docket No: SC18281
Case Date: 07/27/2010
Preview:****************************************************** The ``officially released'' date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the ``officially released'' date appearing in the opinion. In no event will any such motions be accepted before the ``officially released'' date. All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest print version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears on the Commission on Official Legal Publications Electronic Bulletin Board Service and in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ******************************************************

JOHN G. VORIS ET AL. v. MIDDLESEX MUTUAL ASSURANCE COMPANY ET AL. (SC 18281)
Rogers, C. J., and Katz, Palmer, Vertefeuille, Zarella and McLachlan, Js.* Argued February 23--officially released July 27, 2010

Paul L. Bollo, for the appellants (plaintiffs). Jon Berk, with whom was Russell Jarem, for the appellees (defendants).

Opinion

KATZ, J. The plaintiffs, John G. Voris and Joan Voris, appeal1 from the summary judgment rendered by the trial court in favor of the defendants, Middlesex Mutual Assurance Company (Middlesex) and Middle Oak Company (Middle Oak), in the plaintiffs' action seeking a declaration requiring the defendants to provide the plaintiffs with underinsured motorist benefits. This case presents three issues on appeal, specifically, whether the trial court properly: (1) determined that the plaintiffs' action was barred by the contractual limitation provision contained in the insurance policy issued to them by the defendants; (2) determined that there were no genuine issues of material fact that precluded granting the defendants' motion for summary judgment; and (3) determined that General Statutes
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