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State Courts -
Connecticut - March 8, 2004
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Capece v. Progressive Cas. Ins. Co., CV02078774,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF ANSONIA - MILFORD, AT MILFORD, March 8, 2004, Decided , March 8, 2004, Filed
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Overview: Merely selling an insurance policy did not establish a fiduciary relationship whereby an insurance broker was required to consider whether the UM/UIM coverage under a policy was sufficient to meet an injured motorcycle rider's needs.
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Carroll v. Stevenson, CV0406592,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, March 8, 2004, Decided , March 8, 2004, Filed
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Overview: Though homeowners showed that builders who breached a contract to build their house were responsible for the increased construction cost of the house, they needed to submit additional evidence showing how much of the increase was due to a re-design.
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Country Wide Home Loans, Inc. v. Barth, CV030091545,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF LITCHFIELD, AT LITCHFIELD, March 8, 2004, Decided , March 8, 2004, Filed
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Overview: Where mortgagors did not timely file their application for protection from foreclosure, they were not entitled to such relief in the mortgagee's action seeking foreclosure against them; such time period was to be strictly construed.
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Fitch v. Milford Power Co., X07CV010077449S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF TOLLAND, COMPLEX LITIGATION DOCKET, AT TOLLAND, March 8, 2004, Decided , March 8, 2004, Filed
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Overview: Despite indisputably traumatic effect as a result of seeing their father trapped inside his crane and assisting in his rescue, two brothers continued to work, were not diagnosed with any emotional disorder, and had no other significant effects.
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Gemini Color Lab v. Hartford Cas. Ins. Co., CV020391504S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, March 8, 2004, Decided , March 8, 2004, Filed
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Overview: A property owner sufficiently showed that water damage to its premises was caused by a sanitary sewer system drain backup; although it occurred as a result of flooding, which was excluded, the backup of the sewer was a covered occurrence.
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Hayber v. Dep't of Consumer Prot., CV020513973S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, March 8, 2004, Decided , March 8, 2004, Filed
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Overview: A good-faith writing delivered by sellers' attorney to a real estate broker, who was not a party to an escrow agreement, sufficed to authorize the release of escrow funds to the sellers and buyers after the buyers backed out of the sale.
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Hellas Air Temp v. Rooster's Rest., CV030404665,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, March 8, 2004, Decided , March 8, 2004, Filed
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Overview: Where a business sought prejudgment remedy against a restaurant and its two agents for services rendered to the restaurant, agents disclosed their principal, and thus, were not personally liable for prejudgment remedies, although the restaurant was.
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Hurley v. Planning & Zoning Comm'n, CV020389661,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, March 8, 2004, Decided , March 8, 2004, Filed
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Overview: A zoning commission properly granted fire department's application for special use permit to construct a cell phone tower for public safety communications. Use was not commercial, so Connecticut Siting Council did not have jurisdiction under statute.
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