Free Motion for Summary Judgment - District Court of Connecticut - Connecticut

I ·i ase 3:O3—cv-O100%%FlU Document 75-3 Filed O2€§/2005 Page 1 of 3 I
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UNITED STATES DISTRICT COUE for
DISTRICT OF CONNECTICUT i
Tm_t“T_t“TlIIlI5 FEB I5 A I0= 50 I
JOSEPH ATTIAS & HAIM ATTIAS ; CIVIL
Plaintiffs I an lr IJ.] .;;.
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PATRONS MUTUAL INSURANCE :
COMPANY OF CONNECTICUT : I
Defendant ; FEBRUARY 14, 2005
@jNTIFFS’ LOCAL RULE 56 {cyl S _1Q\‘_T
l. On or about July 29, 2002, the defendant, Patrons Mutual Insurance Company, I
issued a dwelling fire insurance policy effective July 29, 2002 for 476 New Britain Avenue,
Harford, Connecticut, a three-family residence, naming Joseph and Haim Attias as insureds. (See l
policy declarations page, attached hereto as Exhibit A).
2. The plaintiffs paid the defendant a premium for said policy for the policy period.
(See Affidavit of Haim Attias, paragraph 4, attached hereto as Exhibit B.)
3. The policy issued by the defendant bore the policy number DCT0023909 and l
was effective for the policy period of July 29, 2002 to July 29, 2003. (See Exhibit A.)
4. On October 8, 2002, the plaintiff Haim Attias obtained a mortgage through
Ameriquest Mortgage Company in the amount of $137,000 for the property. (See Affidavit of
Haim Attias, paragraph 5, attached hereto as Exhibit B.) I
5. The mortgagee Ameriquest Mortgage Company was added by the defendant as a
named mortgagee to policy number DCT0023909 effective October 8, 2002. (See policy
declarations page, attached hereto as Exhibit C.) I
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ase 3:03-cv-O100€i§RU Document 75-3 Filed OZCE/2005 Page 2 of 3 I I
6. Under the policy under the section entitled "Policy Conditions" page 13,
paragraph number 10 provides: If we deny your claim, that denial does not apply to a valid claim
of the mortgagee.." (See policy, page 13, paragraph # 10, attached hereto as Exhibit D.) = 1
7. A fire occurred at 475 New Britain Avenue in Hartford, Connecticut on {
November 13, 2002. (See Hartford Fire Department Incident Report, page 1, attached hereto as
Exhibit E.) l
8. The City of Hartford Fire Marshall Determined the fire was caused by a furnace
that was installed improperly. (See Fire Marshal’s Report, attached hereto as Exhibit F.)
9. lt was determined that the Furnace, which caused the fire, was installed 15 years _ K
prior to the plaintiffs’ purchase of the property. (See excerpt from deposition testimony of Robert U
R Nattrass, page 24, lines 9-1 1, attached hereto as Exhibit G.)
10. On January 9, 2003, the defendant issued a denial of claim for the loss of the |
plaintiffs alleging material misrepresentations made by the insured during the course of the
investigation. (See Denial Letter, page 1, attached hereto as Exhibit H.)
11. The defendant paid the mortgagee, Ameriquest $114,000.00 on or about July 24, l
2003. (See affidavit of Scott Terra, paragraph 11, attached as Exhibit E of the defendant’s Rules l
56(a)1 statement stated December 14,2004 and copy of Patrons’ check number 095611 attached
hereto as Exhibit 1.)
12. The defendant issued a check, endorsed to the plaintiffs and the mortgagee, to the
plaintiffs in the amount of $20,000 on or about November 20, 2002 as an advance on the claim. I
The plaintiffs’ turned that payment over to the mortgage Ameriquest as required. (See affidavit
of Haim Attias, paragraph 7, attached hereto as Exhibit B.)
13. The policy of insurance between the parties does not provide for the insured to E
obtain interest or cost of claim investigation from an insured. (See Exhibit D, page 14.)
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ase 3:03-cv-O100%§RU Document 75-3 Filed O2(j2005 Page 3 of 3
THE PLAINTIFFS, `
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BY T fh.- n
Cheryl E. Heffe1·ng:¥;—_‘j: ` , "
Farver & Heffemai ' '``'
2842 Old Dixwell Avenue
Hamden, Connecticut 06518 I
Telephone: 203-230-2500 I
Facsimile: 203-288-4702 I
Fed Bar No.:CT 06473 I
CERTIFICATION
I hereby certify that a copy ofthe foregoing was sent by first class mail, postage prepaid this l4'h N
day of February, 2005 to:
Joel J. Rottner, Esq.
Skelley Rottner P.C.
PO Box 340890 ._..
Hartford, CT 06134-0890
‘''' = l-·:~"’
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, (_-______,.,.·•·”' l
Cheryl E. Heffemf __,,»
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