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   State Courts - Connecticut - January 4, 2007

  
Am. Progressive Life & Health Ins. Co. v. Better Benefits, LLC, X10UWYCV02401221S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY, COMPLEX LITIGATION DOCKET AT WATERBURY, January 4, 2007, Decided
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Overview: An insurer was granted summary judgment on an agent's tortious violation of the implied covenant of good faith and fair dealing counterclaim where the agent was a sophisticated business entity, the only alleged loss was economic in nature, and the agent and owners were aware of potentially unfavorable outcomes within the contractual relationship.

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Bausch & Stroebel Mach. Co. v. Angelov, CV054002073S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF MIDDLESEX, AT MIDDLETOWN, January 4, 2007, Decided , January 4, 2007, Filed
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Overview: Testimony from two witnesses that they had consented to a company vice-president's (VP) signing of certain documents as company representative provided convincing proof that company, not VP, had entered into ownership agreement about an LLC; thus, company had standing to challenge former employee's use of LLC's corporate account.

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Camphor Techs., Inc. v. Biofer, SPA, File No. CV-06 4005925S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON, AT NEW LONDON, January 4, 2007, Decided , January 4, 2007, Filed
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Overview: Because a Connecticut corporation failed to serve process on the designated central authority in Italy, the Connecticut corporation did not comply with Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters, art. 5, Nov. 15, 1965, 20 U.S.T. 361, 658 U.N.T.S. 163, and the action was dismissed.

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Cohen v. County Line Buick-Nissan, Inc., DBDCV054003539, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF DANBURY, AT DANBURY, January 4, 2007, Decided , January 4, 2007, Filed
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Overview: Because a buyer did not present evidence of the specific amount of loss due to scratches which were present on a car when he picked it up from the seller, the car was sold approximately two years later, and it was unknown whether it was sold at a loss due in part to the condition complained of, the court could only award nominal damages of $ 100.

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Credit Mgmt. Corp. v. Henderson, DBDCV054004580, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF DANBURY, AT DANBURY, January 4, 2007, Decided , January 4, 2007, Filed
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Overview: Although debt collector validly held what appeared on a bank's books to be an outstanding account receivable, evidence produced at debt collection trial convinced court that while no "final payoff" statement was produced, a debtor had negotiated for and obtained a reduced payoff amount for the debt and that the reduced debt had been paid in full.

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Hatziioannidis v. Solinski, CV044001258S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, January 4, 2007, Decided , January 4, 2007, Filed
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Overview: Trial court awarded judgment to the owners on their adverse possession claim against their neighbors because there was clear and positive proof under Conn. Gen. Stat. § 52-575(a) in support of the owners' claim as the owners' occupation of the disputed area was continuous, open, visible, and exclusive to the owners for more than 15 years.

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Jones v. Penn-America Ins. Co., CV054011912S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, January 4, 2007, Decided , January 4, 2007, Filed
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Overview: In a subrogation action arising from an incident where plaintiff was stabbed by a cafe's bouncer, the cafe's insurer was entitled to summary judgment because an assault and battery exclusion was clearly part of the policy and such an exclusion did not violate public policy.

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Sheff v. O'Neill, X07CV890492119S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, January 4, 2007, Decided , January 4, 2007, Filed
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Overview: Trial court found that pursuant to Conn. Gen. Stat. § 52-107, city should be allowed to intervene in litigation between aggrieved parties and the school representatives; since relevant agreement was in its final year and its goals were not being met, city had to be allowed to intervene, as it had great interests in almost every aspect of the case.

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Tomasiello v. Rush, CV980265561S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT MERIDEN, January 4, 2007, Decided , January 4, 2007, Filed
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Overview: Judgment was entered in favor of home sellers in action based on fraudulent misrepresentation claims because the buyers failed to provide clear and convincing evidence that the sellers had made any representation regarding the carpeting in the home or whether the sellers' pets had urinated on the carpeting such that a strong urine odor lingered.

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Whiston v. Curry, CV065004796, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, January 4, 2007, Decided , January 4, 2007, Filed
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Overview: Driver's complaint alleging that auto leasing company was negligent in failing to inquire about insurance carried by lessee of a vehicle stated a cause of action; Conn. Gen. Stat. § 14-154a was not preempted by language in 49 U.S.C.S. § 30106 because § 30106 applied only where there was no negligence on the part of a leasing company.

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