State guide · Northeast
Connecticut subrogation law guide
The insured recovers if its negligence is not greater than the combined negligence of the defendants, so it still recovers at an even 50% split. Damages are reduced by the insured's percentage of fault.
Connecticut at a glanceCT
- Property damage
- 2 years
- Bodily injury
- 2 years
- Fault rule
- Modified, 51% bar
- Gov. notice
- 90 days
Overview
Connecticut subrogation turns on careful clock management. The negligence statute, Conn. Gen. Stat. 52-584, gives two years from when the damage is sustained or discovered, but it also bars any action more than three years after the act or omission, so a slow leak from a faulty installation can expire before anyone notices it. Actions are commenced by service of process, not filing, which makes the state marshal's timeline part of the limitation analysis. The fault rule is a 51% bar: an insured that is exactly half at fault still recovers half. Joint and several liability has been replaced with several liability, with a reallocation remedy for uncollectible shares. The Connecticut Supreme Court adopted the made-whole doctrine in 2013 but excluded deductibles, a carrier-friendly result. Tenant fire subrogation is restricted by DiLullo, which bars a landlord's carrier from pursuing a residential tenant absent a specific lease provision. Municipal claims involve several notice statutes, including a 90-day notice for highway and sidewalk defects and six-month notices for employee indemnification suits. Product claims run exclusively through the Product Liability Act with a three-year discovery period.
Quick reference with citations
- Property damage SOL
- 2 years
- Conn. Gen. Stat. 52-584 (2 years from when the injury to person or property is first sustained or discovered, and never more than 3 years from the act or omission complained of)
- Bodily injury SOL
- 2 years
- Conn. Gen. Stat. 52-584
- Product liability
- 3 years from when the injury, death or property damage is first sustained or discovered (Conn. Gen. Stat. 52-577a), with a 10-year repose period measured from when the defendant last parted with possession or control of the product, subject to statutory exceptions; the Product Liability Act (Conn. Gen. Stat. 52-572m et seq.) is the exclusive remedy for product claims
- Written contract
- 6 years
- Contract and indemnity recoveries
- Comparative fault rule
- Modified, 51% bar
- Conn. Gen. Stat. 52-572h(b)
- Government notice of claim
- 90 days
- Claims for injury caused by a defective municipal road, sidewalk or bridge require written notice to the town clerk or selectman within 90 days (Conn. Gen. Stat. 13a-149); defects on state highways require notice to the Commissioner of Transportation within 90 days (13a-144). Suits that rely on the municipality's duty to indemnify its employees require written notice of intent within 6 months of accrual (Conn. Gen. Stat. 7-465 and 7-101a), while direct negligence claims under 52-557n carry no separate notice requirement. Claims against the State generally go to the Claims Commissioner within 1 year (Conn. Gen. Stat. 4-148), with a direct action allowed for negligent operation of state-owned vehicles (52-556).
Fault rule in practice
How Connecticut's rule changes a $50,000 recovery.
The insured recovers if its negligence is not greater than the combined negligence of the defendants, so it still recovers at an even 50% split. Damages are reduced by the insured's percentage of fault.
Authority: Conn. Gen. Stat. 52-572h(b)
| Insured's share of fault | Recoverable in CT | Under pure comparative |
|---|---|---|
| 0% | $50,000 | $50,000 |
| 20% | $40,000 | $40,000 |
| 50% | $25,000 | $25,000 |
| 60% | Barred | $20,000 |
Doctrines that move the number
Connecticut doctrine checklist.
Made-whole doctrine
The Connecticut Supreme Court adopted the made-whole doctrine as a default rule in Fireman's Fund Insurance Co. v. TD Banknorth Insurance Agency, Inc., 309 Conn. 449 (2013), and parties may displace it with express policy language; boilerplate subrogation wording is not enough. The same decision held the doctrine does not apply to deductibles, so the carrier is reimbursed before the policyholder recoups a deductible from the third-party recovery.
Economic loss doctrine
Ulbrich v. Groth, 310 Conn. 375 (2013) applies the doctrine to tort claims that arise out of and depend on a contract, but not to torts independent of the contract. Under the Product Liability Act, harm includes damage to the product itself, except that commercial loss between commercial parties must be pursued under the UCC (Conn. Gen. Stat. 52-572n(c)).
Joint and several liability
Connecticut replaced joint and several liability in negligence cases with several liability by percentage of fault (Conn. Gen. Stat. 52-572h(c)). If a defendant's share proves uncollectible, the court may reallocate it among the other liable parties on a motion filed within one year after judgment becomes final (52-572h(g)).
Anti-subrogation and waiver
A landlord's carrier cannot subrogate against a residential tenant absent a specific agreement in the lease (DiLullo v. Joseph, 259 Conn. 847 (2002)). A co-resident who helped pay the premium is protected (Allstate Insurance Co. v. Palumbo, 296 Conn. 253 (2010)), while a houseguest who negligently starts a fire can be pursued through equitable subrogation (Wasko v. Manella, 269 Conn. 527 (2004)).
Practice notes
Working Connecticut subrogation files.
- 1
Watch the three-year outer limit in 52-584. A dishwasher supply line installed by a plumber in March 2023 that leaks slowly behind cabinetry and is discovered in June 2026 is already barred against the plumber, even though the insured discovered it days ago. Pursue the product manufacturer under 52-577a instead, where the three-year period runs from discovery, and check the contract claim against the plumber under the six-year statute.
- 2
Connecticut actions are commenced by service, so filing on the last day does nothing. Conn. Gen. Stat. 52-593a saves a claim if the process is delivered to a state marshal within the limitation period and served within 30 days after delivery, and the marshal's return should document that delivery date. Diary marshal delivery at least two weeks before the deadline to leave room for return date requirements.
- 3
The 51% bar keeps evenly split files viable. If a carrier pays $58,000 for an intersection collision and the jury splits fault 50/50, the carrier recovers $29,000. At 51% insured fault it recovers nothing. With two defendants at 30% and 20%, the carrier collects each share separately and can move to reallocate an uncollectible share within one year after judgment under 52-572h(g).
- 4
Before pursuing a tenant for a kitchen fire or a space heater loss, pull the lease. Under DiLullo a landlord's carrier cannot subrogate against a residential tenant unless the lease specifically makes the tenant responsible, and Palumbo extends similar protection to household members who contributed to the premium. Commercial leases with express tenant liability and insurance clauses deserve their own review, since waiver of subrogation language often appears there.
- 5
Ishqkala applies both limits in 52-584 for Connecticut negligence files: two years from discovery and three years from the act, using installation, service or repair dates pulled from invoices and adjuster notes. When a municipal road, sidewalk or bridge appears in the narrative, it opens a 90-day highway defect notice clock, and a six-month clock when a municipal employee's vehicle caused the loss.
Key cases
Fireman's Fund Insurance Co. v. TD Banknorth Insurance Agency, Inc.
309 Conn. 449, 72 A.3d 36 (2013)
Adopted the made-whole doctrine as a default rule but held it does not apply to deductibles. The carrier is fully reimbursed from a recovery before the insured recoups its deductible.
DiLullo v. Joseph
259 Conn. 847, 792 A.2d 819 (2002)
A landlord's insurer has no right of subrogation against a tenant for fire damage absent a specific lease agreement allowing it. Review the lease before opening a tenant-caused fire file.
Wasko v. Manella
269 Conn. 527, 849 A.2d 777 (2004)
Allowed equitable subrogation against a houseguest whose negligence caused a fire, treating subrogation as grounded in equity rather than contract. Short-term occupants who did not share in the premium remain viable targets.
Inter-company arbitration
Arbitration Forums panels apply Connecticut law, including the 51% bar, so an even liability split produces a 50% award rather than a denial. Signatory carriers must arbitrate company-paid damages up to $100,000 in the Automobile and Property forums, and the deductible does not count toward that limit. Because filing in arbitration rather than court sidesteps the marshal service mechanics, it is often the safer route for auto claims close to the 52-584 deadline, provided the respondent is a signatory.
How Ishqkala applies this guide
CT rules, built into every score.
- Opportunities with a Connecticut loss state are calendared against the 2 years property damage period or the 2 years bodily injury period, whichever controls the claim type.
- The insured's estimated fault share is applied under modified, 51% bar before recoverable dollars are scored.
- Files involving a public entity get a 90-day notice deadline that outranks the general SOL in the priority queue.
- Alerts fire at 180, 90, 45 and 15 days before the controlling deadline.
FAQ
Connecticut subrogation FAQ
2 years (Conn. Gen. Stat. 52-584 (2 years from when the injury to person or property is first sustained or discovered, and never more than 3 years from the act or omission complained of)). A subrogating carrier generally takes the insured's claim subject to the same limitation period, usually measured from the date of loss.
Modified, 51% bar (Conn. Gen. Stat. 52-572h(b)). The insured recovers if its negligence is not greater than the combined negligence of the defendants, so it still recovers at an even 50% split. Damages are reduced by the insured's percentage of fault.
Claims for injury caused by a defective municipal road, sidewalk or bridge require written notice to the town clerk or selectman within 90 days (Conn. Gen. Stat. 13a-149); defects on state highways require notice to the Commissioner of Transportation within 90 days (13a-144). Suits that rely on the municipality's duty to indemnify its employees require written notice of intent within 6 months of accrual (Conn. Gen. Stat. 7-465 and 7-101a), while direct negligence claims under 52-557n carry no separate notice requirement. Claims against the State generally go to the Claims Commissioner within 1 year (Conn. Gen. Stat. 4-148), with a direct action allowed for negligent operation of state-owned vehicles (52-556).
The Connecticut Supreme Court adopted the made-whole doctrine as a default rule in Fireman's Fund Insurance Co. v. TD Banknorth Insurance Agency, Inc., 309 Conn. 449 (2013), and parties may displace it with express policy language; boilerplate subrogation wording is not enough. The same decision held the doctrine does not apply to deductibles, so the carrier is reimbursed before the policyholder recoups a deductible from the third-party recovery.
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