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the plaintiff, Julie Burt, experienced water in her Plaintiff was insured by defendant, and de-
basement, and pursuant to her agreement, noti- fendant failed to pay her underinsured mo-
fied the defendant, the condominium association, torist claim; she claimed that this is a larger
that there were cracks outside the building causing pattern by defendant where it only pays a rea-
water damage inside her basement. The associa- sonable amount once a lawsuit is commenced.
tion refused to assist, as they deemed the damage Plaintiff issued a subpoena, alleging defen-
to be to her property only. After multiple years, dant was engaged in bad faith settlement
the association continuously denied assistance as practice. The subpoena required defendant to
well as failed to properly investigate the matter. produce trial claims files from 2014 to 2021
After plaintiff brought suit, the court awarded her by claimants against defendant for uninsured/
actual damages, but denied other forms of relief. underinsured insurance, where the settlement
exceeded the amount initially offered prior to
DISCOVERY suit. Plaintiff also moved to get documents
for lawsuits alleging that defendant violated
the Connecticut Unfair Insurance Practices
Motion for Bill of Discovery Granted Act and the Connecticut Unfair Trade Prac-
where Executor of Estate had No Other tices Act. Defendant moved to quash the
Means to Access Information subpoena, arguing that the discovery period
ended and it would be unduly burdensome
CASE: Nowak v. Envtl. Energy Serv., Inc. to produce the documents. The court agreed
COURT: Danbury J.D. at Danbury that it would be unfair to require defendant
DOC. NO.: CV-20-6034907 to produce all of the documents during that
COURT OPINION BY: Brazzel-Massaro time period; however, it did order defendant
DATE: June 01, 2021 • PAGES: 10 to produce files related to cases specifically
Plaintiff is the widow and executor of the estate identified in the amended complaint, as those
of decedent Nowak, who was a co-founder of files would have been identified and reviewed
Environmental Energy Services and who main- by defendant already.
tained over 20 percent of all shares in defendant
Environmental Energy Services. In an effort to EMPLOYMENT LITIGATION
manage decedent’s estate, plaintiff sought infor-
mation related to defendant’s corporate structure
and potential improper accounting, however the Motion to Strike Denied where Plaintiff
defendant declined to provide access to this in- Terminated for Speech Involving Public
formation. Plaintiff filed an action for a bill of Concern
discovery for documents and records, includ-
ing certificate of incorporation, bylaws in effect, CASE: Smalls v. The Mary Wade Home, Inc.
resolutions adopted by the board of directors, COURT: New Haven J.D. at New Haven
financial records, and minutes of shareholder’s DOC. NO.: CV-20-6107550
meetings among other items. The court found COURT OPINION BY: Kamp
there was sufficient probable cause presented to DATE: June 01, 2021 • PAGES: 14
grant the petition for the bill of discovery, and Plaintiff was employed with defendant as a
granted the motion with respect to all requested licensed practical nurse. Defendant’s COVID-
documentation. 19 quarantine protocol designated one floor
in its facility for patients who were posi-
tive and another floor for patients who were
DISCOVERY • INSURANCE LITIGATION negative. Facility staff who were negative for
COVID-19 were assigned to the floor for neg-
Plaintiff Entitled to Documents Post- ative patients, when possible, and nurses who
Discovery Period if Identified in had previously tested positive for COVID-19
Complaint were assigned to work on the floor for patients
who had a positive test. Plaintiff reported to
CASE: Krausman v. Liberty Mut. Ins. Co. the infection control nurse that her supervisor
COURT: Stamford/Norwalk J.D. at Stamford was showing COVID-19 symptoms and was
DOC. NO.: CV 17-6030945 on the COVID-19 negative floor, exposing
COURT OPINION BY: Krumeich negative patients. The next day her supervisor
DATE: June 02, 2021 • PAGES: 6 assigned plaintiff to the COVID-19 positive
CONNECTICUT
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