Free Memorandum in Opposition to Motion - District Court of Connecticut - Connecticut

Case 3:03-cv—01009-SRU Document 84-4 Filed 04/25/2005 Page1 0f4 i


Case 3:03-cv—01009-SBU Document 84-4 Filed 04/25/2005 Page 2 of 4
in UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
JOSEPH ATTIAS & HAIM ATTIAS : CIVIL ACTION NO.
: 3:03 CV 01009 (SRU)
VS. :
PATRONS MUTUAL INSURANCE DECEMBER 13, 2004 ‘
COMPANY OF CONNECTICUT :
AF F IDAVIT OF SCOTT TERRA
The undersigned, being duly sworn, hereby deposes and says:
1. I, Scott Terra, am over the age of 18 years and I believe in the obligations
of an oath.
2. I have personal knowledge of the facts contained in this affidavit.
3. I am a Property Loss Claims Adjuster employed by Patrons Mutual Insurance
i Company.
4. I was assigned to adjust the loss that occurred on November I3, 2002 at the
. property located at 475 New Britain Avenue, Hartford, Connecticut.
5. Said tire caused substantial damage to the structure resulting in a determination
~ that the property was a total loss.
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` Case 3:03-cv—01009-SRU Document 84-4 Filed 04/25/2005 Page 3 of 4
1 6. I was present at the scene of the fire on the date of the loss and was advised by
Joseph Attias that the property had been renovated at the time the loss occurred.
7. In December 2002, I issued an advance to the Attias’ in the amount of $20,000.
- 8. I was present Examinations Under Oath of Joseph Attias and Haim Attias.
9. My investigation of the November 13, 2002 fire revealed that the Attias’ were
U claiming that substantially more renovations and improvements had been completed on the
property than could be verified.
10. The Patrons Mutual investigation of the November 13, 2002 fire loss revealed
that the insureds overstated the amounts paid to contractors for services performed on the
property and the extent ofthe work performed on the property.
11. On July 16, 2003, I issued payment to Ameriquest Mortgage Company in the
amount of One Hundred Fourteen Thousand Dollars ($114,000) in satisfaction of their
mortgage lien on the property. Said payment represented the balance due on the actual cash
value of the property which was agreed on with Ameriquest to be $134,000, after deduction of
i in- the $20,000 previous advance.
12. As of the date of this affidavit, it is my understanding that the property is still
owned by Joseph and Haim Attias and has not been demolished or rebuilt.
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Case 3:03-cv—01009-SRU Document 84-4 Filed 04/25/2005 Page 4 of 4
I 13. The Examinations Under Oath of Joseph Attias and Haim Attias did not
disclose any evidence that Patrons Mutual Insurance Company violated any insurance
practices in the investigation or adjustment of the Attias’ claim.
Further, the afiiant sayeth not.
Scott Terra
Subscribed and sworn to, before me,
this 13th day of December 2004.
Commissioner ofthe Superior Court
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Juris Ha. 58893