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MEDICAL MALPRACTICE: Superior Court holds that opinion letter from physician insufficient to support malpractice claim against nurses

The plaintiff alleged that nurses failed to properly monitor her objective signs and symptoms and that the plaintiff was prematurely discharged, resulting in life-threatening injuries.  Connecticut General Statutes §52-190a requires a pre-suit opinion letter from a “similar healthcare provider” in…

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INSURANCE LAW: Superior Court holds that homeowners policy does not provide coverage to vendor for claims arising out of crumbling foundation

The plaintiffs in the underlying action brought suit alleging negligent misrepresentation, intentional misrepresentation, and negligence against the sellers of a home to the plaintiffs, alleging that the defendants knew or should have known of the home’s crumbling foundation condition and…

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INSURANCE LAW: Connecticut Appellate Court addresses allocation of defense and indemnity costs and pollution exclusion in the context of asbestos litigation

An insured producer of industrial talc brings an action against its comprehensive general liability insurers, seeking a declaration that the insurers had a duty to defend and indemnify with regard to thousands of claims arising from asbestos-related injuries allegedly caused…

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CIVIL PROCEDURE: Appellate Court affirms summary judgment prior to defendant filing Answer

The Connecticut Appellate Court has ruled that under the Connecticut Practice Book, a motion for summary judgment can be filed at any time, including prior to the filing of an answer and/or special defense. Gordon v. Gordon, AC 38343 (2/14/17)

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