Middlesex Mutual Assurance Co. v. Komondy, 120 Conn. App. 117 (2010)

In Middlesex Mutual Assurance Co. v. Komondy, the insured demanded arbitration after she and her insurer could not agree on an amount necessary to restore her property under a “restorationist” policy providing coverage that included the payment of an amount necessary to restore the home to its original state following a fire. Komondy, 120 Conn. App. at 118-19. Arbitration proceeded and a total award was signed by the two appraisers and the umpire. Id. at 119. The arbitration award was sent by mail and fax to the insured’s husband. Id. at 119-20. Thereafter, the insurer filed an application for confirmation of the award, and the insured moved to vacate the award. Id. at 120. The court confirmed the award and denied the insured’s motion to vacate as untimely because it was not filed within thirty days of the notice of the award. Id. The insured appealed, claiming that she never properly received written notice of the award. Id. The appellate court disagreed with the insured, affirming the lower court’s finding that the insured’s husband, who had apparent authority to act on the insured’s behalf, received written notice. Id. at 121. Specifically, the following facts supported the finding of apparent authority -- the insured and her husband lived together, the husband offered trial testimony that he was actively communicating with the insurer regarding the arbitration process, the insured testified that she never notified the insurer that it should speak with her rather than her husband, and the insurer’s representative testified that he believed he was providing written notice to the insured by sending such written notice to her husband’s attention. Id. at 123.