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CONNECTICUT OPINIONS NOVEMBER 23, 2020 ¦ 35

contract in contravention of the parol evidence with the service of a notice to quit dated and
rule, that the court erred in failing to find that served a week earlier. Defendant filed an an-
plaintiff was providing Community Association swer claiming problems with discoloration of
Manager services before providing a certificate, her water supply. The parties entered into a
and that the court erred in awarding prejudgment stipulated judgment that provided for a final
interest without citing to the statutes. The court stay of execution until May 31, 2020. On
denied defendant’s first two claims, finding that March 20, 2020, defendant filed an applica-
the motion did not provide any new arguments or tion for waiver of fees and a financial affida-
claim of law that suggested the court overlooked vit. She admitted to not making any payments,
controlling law. However, the court granted the partial or full, towards rent even though her
motion as to defendant’s claim that the court affidavit showed that her income exceeded her
awarded interest without statutory citation. monthly expenses. After the court granted
her application for waiver of fees, defendant
filed a motion to open the judgment on March
INSURANCE LITIGATION 25, 2020 because was unable to find movers,

Court Denies Motion to Strike CUTPA pursuant to the Governor’s executive order
Claim to close businesses. Plaintiff filed an applica-
tion for execution. The court found that de-
fendant’s documents and testimony did not
CASE: Gen. Digital Corp. v. Anderson-Meyer Ins., Inc. support the application of the CDC order
COURT: Hartford J.D. at Hartford requiring tenants to make timely partial pay-
DOC. NO.: CV-19 6119975 ments. It reasoned that she failed to pay any
COURT OPINION BY: Taylor rent this year; she owes an arrearage of rent in
DATE: November 03, 2020 • PAGES: 6
Defendant insured plaintiff in employment dis- the amount of $9,150, and even though she re-
putes, and defendant allegedly failed to procure ceives a monthly income she has not made any
Employment Practices Liability Insurance. Plaintiff good faith efforts to make even partial pay-
brought a complaint for breach of contract in viola- ments. Therefore, the court ordered defendant
tion of Connecticut Unfair Trade Practices, alleging to make partial rental payments.
defendant misrepresented that such insurance had
been obtained and was in place, resulting in damag- MEDICAL MALPRACTICE
es. Defendant moved to strike the CUTPA claims,
arguing they were insufficient in that they did not
claim defendants knew the misrepresentations were Dismissal for Exception to Waiver of
false. Defendant further argued the claims were not Sovereign Immunity Denied Where
related to the entrepreneurial conduct of defen- Joint Tortfeasor Settled a Related
dant’s business, as required in a CUTPA claim. The Claim
court found a violation of CUTPA is a violation of
public policy, and that the plaintiff had adequately CASE: Caverly v. State of Connecticut
pleaded the claim. The court therefore denied the COURT: Hartford J.D. at Hartford
motion to strike the count. DOC. NO.: CV-19-6116079
COURT OPINION BY: Noble
DATE: October 27, 2020 • PAGES: 7
LANDLORD TENANT LAW
Plaintiff ’s decedent died as a result of the im-
proper prescription and monitoring of the
Court Ordered Defendant to Make drug Warfarin, an anticoagulant medication.
The estate brought a medical malpractice and
Partial Rental Payments During wrongful death action against the care provid-
Pandemic ers employed by the state who prescribed the
drug, as well as CVS Health Corp. for filling
CASE: Ocean Beach Apartments, LLC v. Hodge the prescription, who compromised the claim
COURT: New London J.D., Housing Session for the sum of $2,000,000. The State moved to
DOC. NO.: KNLC 206045021 dismiss, arguing the waiver of sovereign im-
COURT OPINION BY: Foley munity conferred under §4-160 was withdrawn
DATE: October 09, 2020 • PAGES: 5
Plaintiff began this summary process action because the wrongful death claim was at least
for non-payment of rent on January 22, 2020, partially paid by CVS. The court disagreed,

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