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

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Case 3:03-cv-01009-SBU Document 84-2 Filed 04/25/2005 Page 1 of 3
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II UNITED STATES DISTRICT COURT
II DISTRICT OF CONNECTICUT
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I JOSEPH ATT IAS & HAIM ATTIAS ; CIVIL ACTION NO.
I : 3:03 CV 01009 (SRU)
I VS. :
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PATRONS MUTUAL INSURANCE ; APRIL 2 I, 2005
II COMPANY OF CONNECTICUT ;
I. DEFENDANT’S LOCAL RULE 56(ii)2 STATEMENT
II I. RESPONSE T0 PLAINT1FF’S LOCAL RULE 56(a)1 STATEMENT
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I. Deny. The defendant issued a policy of insurance for 475 New Britain Avenue
II and not 476 New Britain Avenue. E plaintiffs Exhibit A, the declaration page.
II 2. Admit.
3. Admit.
II 4. Deny. The mortgage was obtained on October 9, 2002, through Ameriquest
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Mortgage Company, and was for $144,000. g Exhibit A ter a cepy of the mortgage deed.
I 5. Admit.
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I 6. Admit.
I 7. Admit.
II 8. Admit.
I 9. Admit.
II I0. Admit.
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I 1 I. Admit.
I I2. Admit as to the issuance of a check of $20,000 on or about November 20,
II 2002, payable to plaintiffs and the mortgagee. As to what plaintiffs did with the check, the
defendant leave the plaintiffs to their proof.
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I Law Offices cf SKELLEY ROTTNER P.C. I_I P.O. Box 340890, Hertford, CT 05134-0890 IJ Phone: (860) 561-7077 Fax: (BGG) 561-7088
I Juris No. 58693
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Case 3:03-cv—01009-SFIU Document 84-2 Filed 04/25/2005 Page 2 of 3
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ll 13. Admit as stated, that the policy of insurance between the parties does not
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rovide for the insured to obtain interest or cost of claim investigation from an insured.
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II. DEFENDANT’S DISPUTED ISSUES OF MATERIAL FACT
The basis of Patrons Mutual’s counterclaim is that the plaintiffs made the material
misreprescntations to the Patrons Mutual Insurance Company and that as a result the policy of
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insurance is void as to thc plaintiffs. Specifically, Patrons Mutual alleges that the plaintiffs
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misrepresented the extent ofthe repairs and renovations made and the amount spent for
| repairs and renovations to the insured property after its purchase in August 2002 and prior to
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l the fire on November I3, 2002. E Exhibit B, Scott Tcrra’s affidavit, paragraph 9 and I0.
However, although these allegations constitute issues of material fact, the substance ofthe
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U plaintiffs’ argument is that even should these allegations be true the Patrons Mutual Insurance
|i Company is not entitled to recover from the plaintiffs the amount paid to the mortgagee and
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I the expense of its investigation.
l DEFENDANT, PATRONS MUTUAL
l INSURANCE COMPANY
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Heather J . Adams-Bcman
i Skcllcy Rottner P.C.
I PO. Box 340890
Hartford, CT 06I34-0890
1 Tel. (860) 561-7077
Pax (860) 561-7088
Federal Bar No. ct24091
SR./229765/tao
il 7373-03002
Law Offices of SKELLEY ROTTNER P.C. Q PO. Box 340890, Hartford, CT 06134-0890 Ll PHOHBZ (SGD) 561-TOT? Fax; (S50) 551-TO88
Iurls N0. 58693


Case 3:03-cv—01009-SRU Document 84-2 Filed 04/25/2005 Page 3 of 3
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gg CERTIFICATION
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I hereby certify that a copy ofthe above was mailed via U.S. Mail, postage prepaid, on
il April 21, 2005, to the following counsel ofrecord:
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li Attorney Cheryl E. Heffernan
I Farver & Heffernan
2842 Old Dixwell Avenue
Hamden, CT 06518
Te!. (203) 288-8266
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ll Heather J. Adams-Beman
I SR/229765/tao
I 7373-03002
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Law ¤H\¢es ul SKELLEY R01TNER P.C. E P.0. Box 340890. Hartford, CT 0513440890 CI Phone: [S60) 561 7077 Fax; (860) 561-TOBB
il Jurls N0. 58693
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