Verdicts

A court, asked by the plaintiff in an underlying action to render a declaratory judgment concerning a mental health caregiver's right to defense and indemnification from his insurer, properly dismissed the action, as the plaintiff in the underlying action lacked standing and the issue was not yet ripe for adjudication. Hamilton v. United Services Auto. Ass'n, 115 Conn.App. 774, — A.2d —-, 2009 WL 2047050 (Conn.App., 7/21/09).

In the underlying action, the conservator of the plaintiff's estate brought suit against the plaintiff's licensed professional counselor, John E. Thorson. The complaint in that action alleged that, while Thorson was treating the victim in his home for a variety of emotional and mental health issues, he failed to maintain professional boundaries. This situation purportedly lead to his sexually exploiting the victim over a period of years, causing her severe and permanent emotional distress. During the course of discovery in the underlying action, plaintiff learned that the defendant insurance company had issued a homeowner's liability insurance policy to Thorson but disclaimed any duty to defend or to indemnify him in the action. This fact was crucial to the plaintiff's case because the alleged victim's conservator did not wish to put her through the potential embarrassment and other mental and emotional strains of trial if there was to be no insurance coverage from which she could recover compensation.