Substitute Senate Bill No. 1330, now Public Act No. 25-118, amends Section 52-592 of the general statutes regarding the commencement of legal actions that have failed due to various reasons, such as insufficient service or jurisdictional issues. The bill allows plaintiffs to initiate a new action within one year after the original action's determination or judgment reversal. Notably, it introduces new language stating that receipt of the summons and complaint by the defendant or their agent, including a purported insurer, constitutes a sufficient means to establish the commencement of the action. Additionally, it specifies that if an action against an executor or administrator fails, a new action can be commenced within six months after the original action's determination.
The bill also clarifies that its provisions apply to cross complaints and actions between the same parties in state or federal courts, and it includes claims against the state that have been properly filed and dismissed. Importantly, the new language emphasizes that the bill does not designate an insurer as an agent for service of process, nor does it alter the requirements for formal service or the plaintiff's obligation to serve process within prescribed timeframes. The provisions are strictly related to the timeliness of commencing actions under this savings provision of the general statutes.
Statutes affected: Raised Bill: 52-592
JUD Joint Favorable Substitute: 52-592
File No. 734: 52-592
Public Act No. 25-118: 52-592