An insurer should raise issues of monetary policy limits, or credits for payments by or on behalf of third-party tortfeasors, by special defense. When a jury determination of the facts raised by special defense is not necessary, the special defense shall not be submitted to the jury but, rather, shall be resolved by the trial court prior to the rendering of judgment.
Section 10-79.—Pleading Issues of Policy Limitations
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceDirects an insurer to raise disputes over monetary policy limits or third-party payment credits by special defense, and requires the trial court — not the jury — to resolve that special defense when no jury fact-finding is needed.
Full Text of Section 10-79
Amendment History
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Plain-English Summary
This rule tells an insurer how to raise two specific issues: monetary policy limits, or credits for payments made by or on behalf of third-party tortfeasors. The insurer should raise these issues by special defense rather than through some other pleading device.
When resolving that special defense doesn’t require the jury to determine any facts, the rule keeps the special defense away from the jury altogether. Instead, the trial court resolves it before rendering judgment.
Frequently Asked Questions
How should an insurer raise a policy limits dispute in a Connecticut civil case?
By special defense — the rule directs that issues of monetary policy limits, or credits for third-party tortfeasor payments, be raised that way.
Does the jury decide a special defense about policy limits?
Only if a jury determination of the underlying facts is necessary; when it isn’t, the trial court resolves the special defense itself before judgment.
What does “credits for payments by third-party tortfeasors” mean here?
The rule addresses credits for payments made by or on behalf of third parties who are alleged to have caused the harm, and directs that such credit issues be raised by special defense as well.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 10-79). Prescribed by the Judges of the Superior Court of Connecticut (Conn. Gen. Stat. Section 51-14). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
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