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| All Seasons Servs. v. Guildner, AC 25849,
APPELLATE COURT OF CONNECTICUT, February 28, 2006, Officially Released
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Overview: In a dispute concerning an asset purchase agreement, the court granted the buyer's application to confirm the award on the basis of the seller's failure to file a motion to vacate, modify or correct within thirty days pursuant to Conn. Gen. Stat. § 52-420(b). The court was obligated to confirm the award as clarified by the arbitrator.
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| Am. States Ins. Co. v. Allstate Ins. Co., AC 25913,
APPELLATE COURT OF CONNECTICUT, February 28, 2006, Officially Released
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Overview: Florida law applied in interpreting an insurance policy issued there for a car mainly garaged there as to an accident in Connecticut because Connecticut's interests did not rebut a presumption that Florida law applied and Connecticut's public policy, in Conn. Gen. Stat. § 38a-335, did not bar the policy's exclusion of the insured's bodily injury.
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| Arnold v. Hoffer, AC 26134,
APPELLATE COURT OF CONNECTICUT, February 28, 2006, Officially Released
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Overview: Prior transactions indicated that a restrictive covenant was intended to limit the number of houses to one on entire parcel conveyed. Exceptions shown were insufficient to defeat the restriction that was followed with substantial uniformity for approximately 70 years. Owners were properly limited to building one house on their two parcels.
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| Black v. Warden, CV054000290S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF TOLLAND, AT ROCKVILLE, February 28, 2006, Decided , February 28, 2006, Filed
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Overview: As a prisoner successfully negotiated a plea that achieved his primary goal of no jail time if he could comply with the terms of the agreement, and there was no potential for judicial vindictiveness or retaliation, the prisoner failed to demonstrate how he suffered any actual or apparent prejudice or harm for purposes of a habeas corpus petition.
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| Carford v. Empire Fire & Marine Ins. Co., AC 25355,
APPELLATE COURT OF CONNECTICUT, February 28, 2006, Officially Released
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Overview: Trial court properly dismissed injured parties' claim against an insurance company alleging unfair insurance practices and breached an implied covenant of good faith and fair dealing, as the injured party was not subrogated to the company, and there was no privity of contract between the parties.
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| Gorelick v. Montanaro, AC 25485,
APPELLATE COURT OF CONNECTICUT, February 28, 2006, Officially Released
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Overview: Where a trial court, in ordering a dissolution of a partnership, did not determine the quantifiable shares of the distributable income to which the parties were entitled as requested in the complaint, but instead appointed a receiver and left the issue to be determined later, there was no final judgment for purposes of Conn. Gen. Stat. § 52-263.
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| Greco v. United Techs. Corp., SC 17231,
SUPREME COURT OF CONNECTICUT, February 28, 2006, Officially Released
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Overview: Trial court properly granted employers' motion to strike, as time-barred, wrongful death claims arising from toxic exposure in the workplace; Conn. Gen. Stat. § 52-577c(b), which applied to personal injury or property damage caused by toxic substances, did not preempt the statute of limitations for wrongful death, Conn. Gen. Stat. § 52-555.
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| In re Doe, T11CP03011510A,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF MIDDLESEX, CHILD PROTECTION SESSION AT MIDDLETOWN, February 28, 2006, Decided , February 28, 2006, Filed
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Overview: An agency's petition to terminate a mother's parental rights pursuant to Conn. Gen. Stat. § 17a-112 was denied as the agency failed to show that the mother failed to sufficiently rehabilitate herself; the evidence indicated that the mother had taken substantial steps to treat her substance abuse as well as mental and physical health conditions.
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| Levine v. Psychiatric Sec. Review Bd., CV054003234,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW BRITAIN AT NEW BRITAIN, February 28, 2006, Filed
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Overview: Board's ruling that acquittee met standard for placement in maximum security setting and was to remain confined at forensic institute was not appealable as decision as to placement in maximum security mental health facility required Board's specialized knowledge and ruling was not made pursuant to provision delineated in Conn. Gen. Stat. § 17a-597.
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