Conn. Gen. Stat. § 52-592: Accidental failure of suit; allowance of new action.
Where this section sits in the code
- TITLE 52. CIVIL ACTIONS
- CHAPTER 926. STATUTE OF LIMITATIONS
(a) If any action, commenced within the time limited by law, has failed one or more times to be tried on its merits because of insufficient service or return of the writ due to unavoidable accident or the default or neglect of the officer to whom it was committed, or because the action has been dismissed for want of jurisdiction, or the action has been otherwise avoided or defeated by the death of a party or for any matter of form; or if, in any such action after a verdict for the plaintiff, the judgment has been set aside, or if a judgment of nonsuit has been rendered or a judgment for the plaintiff reversed, the plaintiff, or, if the plaintiff is dead and the action by law survives, his executor or administrator, may commence a new action, except as provided in subsection (b) of this section, for the same cause at any time within one year after the determination of the original action or after the reversal of the judgment. For purposes of this section, receipt in the underlying action of the summons and complaint by the defendant or the defendant's agent or representative, including the defendant's purported insurer alleged to be obligated to defend the action, shall be a sufficient, but not exclusive means to constitute commencement of the action.
(b) When any action has been brought against an executor or administrator or continued against an executor or administrator after the death of the defendant and has failed for any of the causes listed in subsection (a) of this section, the plaintiff, or his executor or administrator in case a cause of action survives, may commence a new action within six months after the determination of the original action.
(c) If an appeal is had from any such judgment to the Supreme Court or Appellate Court, the time the case is pending upon appeal shall be excluded in computing the time as above limited.
(d) The provisions of this section shall apply to any defendant who files a cross complaint in any action, and to any action between the same parties or the legal representatives of either of them for the same cause of action or subject of action brought to any court in this state, either before dismissal of the original action and its affirmance or within one year after the dismissal and affirmance, and to any action brought to the United States circuit or district court for the district of Connecticut which has been dismissed without trial upon its merits or because of lack of jurisdiction in such court. If such action is within the jurisdiction of any state court, the time for bringing the action to the state court shall commence from the date of dismissal in the United States court, or, if an appeal or writ of error has been taken from the dismissal, from the final determination of the appeal or writ of error.
(e) The provisions of this section shall apply to any claim against the state for which a notice of claim has been properly and timely filed with the Office of the Claims Commissioner in accordance with sections 4-147 and 4-148 and which thereafter has been dismissed by the Office of the Claims Commissioner pursuant to section 4-142.
(f) Nothing in this section shall be construed to (1) designate an insurer as a general or statutory agent for service of process on behalf of the purported insured, (2) affect the requirements of formal service under the applicable procedural provisions of the general statutes or rules of the court, (3) obligate the insurer to serve any complaint, or other legal action, upon the purported insured, (4) alleviate the plaintiff's obligation to properly serve process upon the purported insured within the timeframes prescribed in this section, or (5) be relevant to whether a duty to defend or indemnity coverage may be owed by the served insurer to the purported insured, nor shall any action taken or not taken by the served insurer be deemed an admission or in any way relevant to the issue of whether a duty to defend or indemnity coverage may be owed. The provisions of this section shall apply solely to the question of whether an action was timely commenced for purposes of this savings provision of the general statutes.
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