Page 36 - CLT061421

36 ■ JUNE 14, 2021 CONNECTICUT OPINIONS
which plaintiff moved to strike. After reviewing included additional information that never
the facts, the court denied the motion, ruling happened. While ultimately allowed to return
that the Trust had alleged facts to legally sup- to work, Fludd was subjected to harassment
port a defense of unclean hands. and wrongful investigations. Following an on-
duty injury, he filed an application for disabil-
DISPUTE RESOLUTION • ity which was denied and ultimately left the
CONTRACTUAL DISPUTES Greenwich Police Department in 2015. After
filing suit against the defendants, defendants
moved to strike the complaint, and while the
Property Owner Fails to Get Arbitration court did strike a few paragraphs, the court
Award Vacated found that facts were sufficient to support
CASE: Elevator Serv. Co., Inc. v. 63rd St. CT, LLC Fludd’s § 1981 and retaliation claims.
COURT: Waterbury J.D.
DOC. NO.: CV-15-6026902 INSURANCE LAW
COURT OPINION BY: Pellegrino
DATE: May 14, 2021 • PAGES: 20 Court Denied Plaintiff’s Summary
A property owner, who moved to vacate an ar- Judgment Motion in Lawsuit
bitration award against an elevator repair com-
pany, failed to show that the arbitrator exceed Concerning Excluded Driver Policy
his powers. In 2014, the owner of a building, CASE: Permanent Gen. Assurance Corp. v. Bond
defendant 63 Street, brought a claim against COURT: New London J.D. at New London
rd
an elevator company, plaintiff Elevator Service DOC. NO.: CV-19-6042218
Company, in relation to a contract to repair and COURT OPINION BY: Swienton
install an elevator. Pursuant to their agreement, DATE: May 19, 2021 • PAGES: 8
there was a binding arbitration hearing, and the Plaintiff commenced this action for a declara-
arbitrator found in favor of plaintiff. After de- tory judgment against defendants in order to
fendant moved to vacate and plaintiff moved to determine whether it owes a duty to defend and
confirm, the court denied the motion to vacate, indemnify them in a separate action known as
ruling that defendant failed to show the arbitra- the “Amica” action. The Amica action related
tor exceeded his powers. to a car accident that occurred in 2017 and
alleged negligence against defendants. Defen-
EMPLOYMENT LITIGATION • CIVIL RIGHTS dants filed a counterclaim alleging breach of
contract, among other claims. Plaintiff filed
Police Officer Survives Motion to Strike a motion for summary judgment and the court
denied the motion. As to the declaratory judg-
On Discrimination Matter ment action, plaintiff argued that there was

CASE: Fludd v. Berry no genuine issue of material fact regarding
COURT: Stamford-Norwalk J.D., Complex Litigation Docket the terms of the insurance contract between
DOC. NO.: CV-17-6037898 the parties. Defendant Allyson Bond was an
COURT OPINION BY: Ozalis excluded driver under plaintiff’s policy on the
DATE: May 19, 2021 • PAGES: 36 date of the car accident in the Amica action.
A police officer, who alleged that he faced Plaintiff submitted the insurance policy where
racial discrimination by his superiors, was Allyson Bond was listed as an excluded driver
able to prove facts to justify a claim under 42 with a cancelled license status. In his affida-
U.S.C § 1981 to survive a motion to strike. De- vit, Gary Bond testified that he never request-
fendants are the chief of the Greenwich Po- ed or authorized an exclusion of Allyson on
lice Department, two police captains, the First the policy. The court reasoned that plaintiff
Selectman of the town of Greenwich and the had the burden of showing the nonexistence
Director of Human Resources for the town. of any issue of fact, and did not produce any
In 2011, the plaintiff, Donnell Fludd, was definitive evidence to prove that Gary Bond
placed on administrative leave after a woman, approved the exclusion of Allyson. Therefore,
whom he previously had a relationship with, there was a question of fact as to whether Al-
complained that he harassed her after she lyson Bond was a covered insured at the time
broke up with him. Fourteen months later, of the car accident. The court denied plain-
GPD issued its internal affairs report which tiff’s motion.
CONNECTICUT
Law Tribune