Kinity v. US Bancorp

Citations

• 212 Conn. App. 791

Syllabus

The plaintiff sought to recover damages from the defendants, B Co. and I Co., in connection with certain steps taken by the defendants involving the plaintiff's mortgaged property. B Co. was the servicer of a residential loan to the plaintiff under a note secured by a mortgage on his property. I Co. issued an insurance policy to the plaintiff covering the mortgaged property against loss, as required by the mortgage. After the plaintiff became delinquent on his mortgage payments, an inspection was com- pleted on the mortgaged property. The resulting inspection report noted that the property appeared to be vacant. B Co. advised I Co. of the possible vacancy, and that there might be a change of risk, and also sought assurances from the plaintiff that he either still occupied the property or had procured sufficient insurance to cover it against loss because the current insurance policy did not provide coverage if the property was vacant. Although the plaintiff still occupied the property, B Co.'s receipt of information to the contrary led I Co. to cancel the insurance policy and refund a portion of the premium. Following a conversation with the plaintiff, I Co. reinstated the policy and invoiced the plaintiff for the refunded portion of the premium. When the premium for the reinstated policy was never paid, B Co. procured a more costly lender placed insurance policy at the plaintiff's expense. The plaintiff eventually provided B Co. with evidence that he had obtained his own insurance coverage for the property and the lender placed policy was cancelled. Subsequently, the plaintiff filed an action against a trade name of B Co., and, after that company was defaulted for failure to appear, judgment was rendered in favor of the plaintiff. When B Co. learned of that action, it filed a motion to open and vacate the default judgment. The trial court granted B Co.'s motion and the action was dismissed for lack of subject matter jurisdiction and personal jurisdiction. The plaint