SC20617 - Nationwide Mutual Ins. Co. v. Pasiak ("This case comes to us for the second time following lengthy litigation of a declaratory judgment action brought by the plaintiffs, Nationwide Mutual Insurance Company and Nationwide Mutual Fire Insurance Company, against the defendant Jeffrey S. Pasiak. The action concerned whether the plaintiffs were obligated to indemnify the defendant, a business owner, under a personal umbrella insurance policy for liability arising from his false imprisonment of his company's employee at her workplace.

....

"The trial court properly applied the preponderance of the evidence standard at the trial de novo to determine the factual question of whether the plaintiffs established that the business pursuits exclusion of the umbrella insurance policy barred coverage. The defendant's argument to the contrary conflates the legal standard for construction of a policy exclusion and the burden of proof to be applied in a declaratory judgment action to determine whether, as a factual matter, a policy exclusion applies.")

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• Declaratory Judgment Law,
• Insurance Law,
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AC44707 - Davis v. Property Owners Association of Moodus Lake Shores, Inc. ("In this property dispute action, the plaintiffs, Kirk B. Davis and Elyssa J. Davis, appeal from the summary judgment rendered by the trial court in favor of the defendant, Property Owners Association of Moodus Lake Shores, Inc. (association). On appeal, the plaintiffs claim that the court improperly concluded that the doctrine of res judicata barred the present action. We affirm the judgment of the trial court.")

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• Declaratory Judgment Law,
• Property Law,
• Recent Opinions

AC4417, AC44597 - Levco Tech, Inc. v. Kelly ("In this dispute among family members over control of the family business, the defendants, Sally Levene (Sally), both individually and as executrix of the estate of Martin Levene (Martin), and Edward Levene (Edward), bring these consolidated appeals from the judgment of the trial court determining that the defendants Robert Levene (Robert), Jeffrey Levene (Jeffrey), and Dorothy Kelly (Dot) owned the majority of the outstanding shares of common stock of the plaintiff, Levco Tech, Inc. (Levco). On appeal, Sally and Edward claim that the court improperly determined that (1) Dot had not placed her ten shares of Levco stock in an irrevocable trust and (2) the issuance of twelve shares of Levco stock to Edward was invalid. We disagree and, therefore, affirm the judgment of the trial court.")

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AC44380 - Reiner v. Reiner (Declaratory judgment; contract interpretation; interest; settlement agreement; "In this declaratory judgment action, the defendant Michael D. Reiner appeals from the judgment of the trial court rendered in favor of the plaintiff Jeffrey A. Reiner. On appeal, the defendant claims that the court erred in concluding that the term 'interest,' as used in the buyout provisions of the parties' settlement agreement (agreement), meant 'equitable interest' and, thus, that the buyout amount for the defendant's interests in certain parcels of real property is equal to his percentage interest in each property multiplied by the difference of the fair market value of the property minus any outstanding mortgage debt. We disagree and, accordingly, affirm the judgment of the trial court.")

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• Contract Law,
• Declaratory Judgment Law,
• Property Law,
• Recent Opinions

AC44330 - Highland Street Associates v. Commissioner of Transportation ("In this declaratory judgment action, the defendants, the Commissioner of Transportation (commissioner) and the Department of Transportation (department), appeal from the judgment of the trial court rendered in favor of the plaintiffs, Highland Street Associates (Highland Street) and Barrett Outdoor Communications, Inc. (Barret Outdoor). On appeal, the defendants claim that the court erred in concluding that the replacement of a billboard's existing trestle support structure with a monopole constituted maintenance and repair under the Highway Beautification Act of 1965 (act), 23 U.S.C. § 131 et seq., and General Statutes § 13a-123. We agree and, accordingly, reverse the judgment of the trial court.")

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AC43851 - State v. Avoletta (Free public education in a safe setting; subject matter jurisdiction; “The defendants appeal from the summary judgment rendered by the trial court in favor of the state and from the judgment of dismissal of their counterclaim. As to the summary judgment, the defendants claim that the court improperly concluded that the special act authorizing their first claim to proceed before the Claims Commissioner (commissioner) constituted an unconstitutional public emolument in violation of article first, § 1, of the Connecticut constitution, and the General Assembly did not automatically waive the state’s sovereign immunity as to the defendants’ second claim by remanding their claim to the commissioner. As to the dismissal of the counterclaim, the defendants claim that the court erred in determining that their counterclaim was barred by sovereign immunity. We affirm the judgment of the trial court.”)

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SC20586 - Allstate Ins. Co. v. Tenn ("The question in this case is whether the plaintiff, Allstate Insurance Company (Allstate), can use a plea of nolo contendere entered by the named defendant, Donte Tenn, to trigger a criminal acts exclusion in a homeowners insurance policy governed by Connecticut law. Allstate commenced the present action against Tenn and another defendant, Tailan Moscaritolo, in the United States District Court for the District of Connecticut, seeking a judgment declaring that it has no contractual duty either to defend or to indemnify Tenn in a civil action brought against Tenn by Moscaritolo in Connecticut Superior Court. Allstate subsequently filed a motion for summary judgment in this declaratory judgment action, arguing that Tenn’s plea of nolo contendere relieved it of its duty both to defend and to indemnify him as a matter of law. The parties agreed that a ruling on Allstate’s motion with respect to indemnification would be premature, and, as a result, the District Court denied Allstate’s motion with respect to that issue without prejudice. The only remaining question, which the District Court, in turn, certified to this court pursuant to General Statutes § 51-199b (d) and Practice Book § 82-1, is whether Tenn’s plea of nolo contendere relieved Allstate of its duty to defend by triggering the policy’s criminal acts exclusion as a matter of law. For the reasons that follow, we conclude that Tenn’s plea of nolo contendere is inadmissible to prove the occurrence of a criminal act and, therefore, cannot be used to trigger the policy’s criminal acts exclusion.")

• SC20586 Concurrence & Dissent - Allstate Ins. Co. v. Tenn

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AC43888 - Wright v. Dzurenda ("The self-represented plaintiff, Ian Wright, appeals from the judgment of the trial court, dismissing count four of his complaint, brought against the defendant Bonnie Hakins, a counselor for the Department of Correction (department), in her individual capacity, on the ground that the plaintiff's action is barred for failure to exhaust his administrative remedies. On appeal, the plaintiff claims that the court erred (1) in determining that he had failed to exhaust his administrative remedies and (2) in considering the defendant's special defense that the plaintiff had failed to exhaust his administrative remedies because the defendant had waived that special defense. We disagree and, accordingly, affirm the judgment of the court.")

• Posted in:
• Civil Rights,
• Declaratory Judgment Law,
• Recent Opinions

AC43141 - Kenmore Road Assn., v. Bloomfield ("In this declaratory judgment action, the plaintiff, Kenmore Road Association, Inc., appeals from the judgment of the trial court, rendered after a court trial, in favor of the defendant, the town of Bloomfield. On appeal, the plaintiff claims that the trial court erred in concluding that Kenmore Road had neither been impliedly dedicated to public use nor impliedly accepted as a public road by the defendant or the public. We affirm the judgment of the trial court.")

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AC43653 - Rockstone Capital, LLC v. Caldwell ("In this strict foreclosure action, we consider the enforceability of a settlement and forbearance agreement (settlement agreement) entered into by the plaintiff, Rockstone Capital, LLC, the defendants, Vicki A. Ditri and Morgan J. Caldwell, Jr., and Caldwell's business, Wesconn Automotive Center, LLC (Wesconn), that resulted from a collections action brought by the plaintiff against Caldwell and Wesconn. The plaintiff appeals from the judgment of the trial court, rendered after a court trial, in favor of the defendant, on her special defense that the settlement agreement was unconscionable and, therefore, unenforceable. On appeal, the plaintiff contends that the trial court improperly concluded that the settlement agreement was both procedurally and substantively unconscionable as to the defendant. We agree and, accordingly, reverse in part the judgment of the trial court.")

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• Declaratory Judgment Law,
• Foreclosure Law,
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AC43755 - Lift-Up, Inc. v. Colony Ins. Co. ("In this declaratory judgment action, the substitute plaintiffs, Dennis Kinman (Kinman) and Amy Kinman (jointly, Kinmans), appeal from the summary judgment rendered by the trial court in favor of the defendant Colony Insurance Company (Colony) on the Kinmans' amended complaint and Colony's counterclaim.The litigation centers on whether Colony had a duty to defend the original plaintiffs, Lift-Up, Inc. (Lift-Up) and its president, Bruce Kutner, in a personal injury action that the Kinmans had brought against them. On appeal, the Kinmans' principal claim is that in granting Colony's motion for summary judgment, the court improperly construed the allegations of the operative complaint and the terms of the garage liability policy that Colony had issued to Lift-Up.More to the point, the Kinmans claim that the court improperly concluded as a matter of law that their injuries were not caused by an accident that resulted from Lift-Up's garage operations but, rather, arose out of Kutner's assault, battery, or assault and battery, for which the policy provides no coverage. The Kinmans also claim that the court improperly (1) ignored extrinsic evidence that they argue supported their claim that Colony had a duty to defend and (2) predicated its ruling on allegations of intentional and/or reckless conduct that were properly pleaded in the alternative. We affirm the judgment of the trial court.")

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AC43984 - Warzecha v. USAA Casulty Ins. Co. ("The plaintiff, Keith Warzecha, appeals from the summary judgment rendered by the trial court, Noble, J., in favor of the defendant, USAA Casualty Insurance Company, on the plaintiff's two count amended complaint, which alleged breach of contract and sought a declaratory judgment. On appeal, the plaintiff claims that the court erred in concluding that he was not entitled to liability coverage under the terms of his insurance policy. We affirm the judgment of the trial court.")

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• Contract Law,
• Declaratory Judgment Law,
• Insurance Law,
• Recent Opinions

AC42885, AC42886 - Peterson v. iCare Management, LLC ("These two appeals arise from consolidated cases. The defendants in both actions, iCare Management, LLC, SecureCare Realty, LLC, and SecureCare Options, LLC (defendants), appeal from the judgments of the trial court denying their motions for summary judgment, in which they argued that the plaintiffs' claims were barred by res judicata and/or collateral estoppel. On appeal, the defendants claim that the trial court erred in denying their motions because the plaintiffs' claims were previously litigated in an earlier action. We affirm the judgments of the trial court.")

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• Declaratory Judgment Law,
• Land Use Law,
• Property Law,
• Recent Opinions,
• Tort Law

SC20494 - Casey v. Lamont ("...we turn to the matter before us, which requires this court to consider the extent of the governor's authority to issue executive orders during the civil preparedness emergency he declared pursuant to General Statutes § 28-9 in response to the COVID-19 pandemic. In particular, we consider whether the defendant, Governor Ned Lamont, lawfully issued certain executive orders that limited various commercial activities at bars and restaurants throughout the state. To that end, we must determine whether the COVID-19 pandemic constitutes a "serious disaster" pursuant to § 28-9 and whether that statute empowers the governor to issue the challenged executive orders. Because we conclude that § 28-9 provides authority for the governor to issue the challenged executive orders, we also consider whether § 28-9 is an unconstitutional delegation of legislative authority to the governor in violation of the separation of powers provision of the Connecticut constitution. See Conn. Const., art. II. We conclude that the statute passes constitutional muster.")

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SC20377 - Francis v. Board of Pardons & Paroles ("The plaintiff, Ernest Francis, an inmate in a Connecticut correctional facility, brought this declaratory judgment action, proceeding pro se, against the defendants, the Board of Pardons and Paroles (board) and the Commissioner of Correction (commissioner). The plaintiff sought a judgment declaring that General Statutes § 54-125g applies to him, that the commissioner must factor his eligibility for early release under § 54-125g into his 'time sheet,' and that the commissioner must 'schedule dates to determine [his] suitability for release.' Thereafter, the trial court, sua sponte, ordered the parties to file briefs addressing the issue of whether the plaintiff's claims were ripe for review given that, even if § 54-125g applied to the plaintiff, he would not be eligible for parole under the statute for several years. After a hearing on that issue, the trial court concluded that the plaintiff's claims were not ripe and dismissed the action for lack of subject matter jurisdiction. The plaintiff appealed to the Appellate Court, which affirmed the judgment in a memorandum decision. Francis v. Board of Pardons & Paroles, 189 Conn. App. 906, 204 A.3d 1263 (2019). This court granted the plaintiff's petition for certification on the following issue: 'Did the Appellate Court properly uphold the trial court's dismissal of the plaintiff's declaratory judgment action as not ripe?' Francis v. Board of Pardons & Paroles, 333 Conn. 907, 215 A.3d 731 (2019). We affirm the judgment of the Appellate Court.")

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AC42630 - Derblom v. Archdiocese of Hartford ("The plaintiffs—Maria J. Derblom, in her capacity as the executrix of the estate of Fred H. Rettich; eleven former students of Our Lady of Mercy School (OLM), a defunct Catholic school in Madison, and their parents; and Our Lady of Mercy School of Madison, Inc., which operates a private school that purports to be the successor of OLM—appeal from the judgment of the trial court granting a motion to dismiss filed by the defendant, the Archdiocese of Hartford, on the ground that the plaintiffs lack standing to bring an action concerning a bequest from Rettich to OLM. According to the plaintiffs, the court improperly (1) construed Rettich's bequest as an outright gift to OLM rather than as an endowment that resulted in a constructive charitable trust and (2) concluded that the plaintiffs lack standing because the state's attorney general has the exclusive authority to bring an action to enforce Rettich's gift and that the plaintiffs' reliance on a common-law special interest exception to that exclusive authority was misplaced because the exception is limited to actions involving charitable trusts and, thus, is not applicable in the present case. We disagree with the plaintiffs and affirm the judgment of the court.")

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SC20486 - Fay v. Merrill ("The principal issue in this public interest appeal is whether Governor Ned Lamont's Executive Order No. 7QQ, which was later ratified by the legislature; see Public Acts, Spec. Sess., July, 2020, No. 20-3, § 16 (Spec. Sess. P.A. 20-3); and which modified General Statutes (Rev. to 2019) § 9-135 by adding 'COVID-19' as a permissible reason for absentee voting, violates article sixth, § 7, of the Connecticut constitution. The four plaintiffs, who were candidates for the Republican Party's nomination for United States Congress for Connecticut's First and Second Congressional Districts, appealed directly pursuant to General Statutes § 52-265a from the judgment of the trial court in favor of the defendant, Denise W. Merrill, Secretary of the State, in this action seeking declaratory and injunctive relief with respect to the defendant's change of the absentee ballot application for the August 11, 2020 primary election (August primary) to add coronavirus disease 2019 (COVID-19) as a new reason for requesting an absentee ballot pursuant to Executive Order No. 7QQ. Following deliberations after an expedited oral argument held on August 6, 2020, we ruled from the bench that (1) the plaintiffs were aggrieved and had standing to bring the declaratory judgment action, (2) we could not consider, for the first time on appeal, the defendant's special defense of laches as an alternative ground for affirming the judgment of the trial court, and (3) Executive Order No. 7QQ does not violate article sixth, § 7, because the phrase 'unable to appear at the polling place on the day of election because of . . . sickness,' as used in that constitutional provision, is not limited to an illness suffered by the individual voter that renders that person physically unable to travel to the polling place. Accordingly, we affirmed the judgment of the trial court and indicated that a written opinion would follow. This is that opinion.")

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AC42667 - Village Mortgage Co. v. Garbus ("In this declaratory judgment action, the defendants, Ronald Garbus and Georganne Garbus, appeal from the judgment of the trial court, declaring that the defendants are not lawful stockholders of the plaintiff, Village Mortgage Company. The defendants claim that the court improperly concluded that the plaintiff's cause of action is akin to an equitable claim for injunctive relief subject to the doctrine of laches, rather than a legal claim for tortious financial misconduct subject to the statute of limitations, specifically General Statutes § 52-577. We affirm the judgment of the trial court.")

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• Business Law,
• Declaratory Judgment Law,
• Recent Opinions

AC43008 - Jeweler v. Wilton (Declaratory judgment; "This case concerns the reconfiguration of lot lines in an existing resubdivision. The plaintiffs, Richard S. Jeweler and Derry Music Company, own seven parcels of land situated between Millstone Road and Hickory Hill Road in Wilton. They brought this action seeking a declaratory judgment that certain boundary line adjustments among those parcels do not require subdivision approval under General Statutes § 8-18. The trial court concluded that the boundary line adjustments proposed by the plaintiffs did not constitute a subdivision pursuant to § 8-18, but did constitute a resubdivision thereunder. We disagree with the latter conclusion and, accordingly, reverse in part the judgment of the trial court.")

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AC41417 - Prime Locations of CT, LLC v. Rocky Hill Development, LLC (Declaratory judgment; "This case was brought by the plaintiffs, Prime Locations of CT, LLC, Hasson Holdings, LLC, SMS Realty, LLC, and C&G Holdings, LLC, to prevent one of the defendants, Luke DiMaria, from constructing a crematorium on a lot in the Coles Brook Commerce Park in Cromwell. The plaintiffs appeal from the judgment of the trial court, rendered after a court trial, in favor of the defendants MPM Enterprises, LLC, (MPM Enterprises) and DiMaria. On appeal, the plaintiffs argue that the court (1) improperly concluded that the Declaration of Easements, Covenants and Restrictions (declaration), which created a common interest community, the Coles Brook Commerce Park Owners Association, LLC (association), to govern the use of the property in the business park, did not prevent the defendants from voting to withdraw from the association a lot formerly owned by MPM Enterprises and currently owned by DiMaria, (2) improperly concluded that the defendants were entitled to connect a lot to the association's drainage system, (3) improperly concluded that the plaintiffs' cause of action was barred by the doctrines of laches and equitable estoppel, and (4) erred in declining to grant the plaintiffs' request for a permanent injunction prohibiting DiMaria from constructing a crematorium on his lot without approval from the association. We disagree with the plaintiffs and affirm the judgment of the trial court.")

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