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| Bailey v. Medical Examining Bd. for State Emple. Disability Ret., (AC 22334),
APPELLATE COURT OF CONNECTICUT, February 25, 2003, Officially Released
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Overview: An employee's appeal from a decision by a medical examining board for state employee disability retirement, which denied a claim for benefits, was properly dismissed because the board's decision was not an agency determination in a contested case.
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| Blumes v. Allstate Ins. Co., CV020512162S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW BRITAIN AT NEW BRITAIN, February 25, 2003, Decided
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Overview: An insurance company's motion for summary judgment was granted on an insured's action seeking underinsured motorist benefits; the policy properly limited the period for filing, and the insured failed to file the action in a timely fashion.
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| Carrol v. Allstate Ins. Co., (SC 16758),
SUPREME COURT OF CONNECTICUT, February 25, 2003, Officially Released
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Overview: While the evidence did not support intentional infliction of emotional distress in regard to the insurer finding the insured committed arson, it was sufficient evidence to support negligent infliction of emotional distress.
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| Drouin v. Planning & Zoning Comm'n, 552981,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON, AT NEW LONDON, February 25, 2003, Decided , February 25, 2003, Filed
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Overview: A planning and zoning commission had substantial evidence on which to deny an application for site plan approval where the proposed plan constituted an expansion from the original site plan and required a special use permit modification application.
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| First Union Cmty. Reinvestment Account Mortg. Loan Trust v. Nelson, CV00443981S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, February 25, 2003, Decided , February 25, 2003, Filed
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Overview: Mortgagee's motion to strike was denied, as the allegations of the mortgagor's counterclaim regarding a CUTPA violation, if proven, would be a defense to the mortgagee's foreclosure action since she charged that the mortgagee caused the default.
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| Foster v. Longa, CV990425745S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, February 25, 2003, Decided , February 25, 2003, Filed
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Overview: Although Connecticut law recognized a custom, in tort litigation, of keeping settlement offers open unless explicitly withdrawn, that usage could not establish that the parties ever actually had an enforceable agreement.
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| In re Jane Doe, [NO NUMBER IN ORIGINAL],
SUPERIOR COURT OF CONNECTICUT, February 25, 2003, Decided , February 25, 2003, Filed
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Overview: Where a child's parents could not provide the specialized care that the child's physical health required, resulting in a serious, unexplained injury, the child could be adjudicated to have been uncared for.
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| Lmk Enters. v. Sun Oil Co., CV020463366,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, February 25, 2003, Decided , February 25, 2003, Filed
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Overview: That lessee's answers to interrogatories may have erroneously assessed amount of damages to leasehold did not mean that there were no damages; amount of damages was an issue of material fact that precluded granting summary judgment to lessor.
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| Macdonald v. Town of Waterford Zoning Bd. of Appeals, 561714,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON, AT NEW LONDON, February 25, 2003, Decided , February 25, 2003, Filed
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Overview: Zoning enforcement officer exceeded his authority when he allowed the construction of the new nonconforming structure on subject property since the nonconforming use was limited to expansion, modification, or alteration of the existing structure.
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