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 representative, including an alleged insurer, constitutes a sufficient means to establish the commencement of the action.
Additionally, the bill clarifies that if an action against an executor or administrator fails, a new action can be commenced within six months of the original action's determination. It also specifies that the provisions apply to claims against the state and actions dismissed without trial in federal courts. Importantly, the bill includes a section that ensures the new provisions do not designate an insurer as an agent for service of process, nor do they alter the requirements for formal service or the plaintiff's obligations regarding service. This legislation is set to take effect on October 1, 2025.
Statutes affected: Raised Bill: 52-592
JUD Joint Favorable Substitute: 52-592
File No. 734: 52-592
Public Act No. 25-118: 52-592