A GUIDE TO BASIC CONNECTICUT LAW - …

1 A GUIDE TO BASIC . C O N N E C T I C U T L AW. INTRODUCTION. Hassett & Donnelly's A GUIDE to BASIC CONNECTICUT Law is designed to be a concise reference source for issues of CONNECTICUT law that arise in insurance defense and coverage cases. The summaries provided for each of the topics covered in this material are meant to provide a beginning point and should be utilized with other reference materials to ensure a complete and accurate analysis with respect to a particular case. The summaries are not meant to set forth a complete legal analysis of the topics addressed in the GUIDE . Given the varying complexity of cases and the ever-changing interpretation of the law, Hassett & Donnelly's A GUIDE to BASIC CONNECTICUT Law should not be interpreted as definitive legal advice. In the event that you require additional information or assistance with respect to any issue, whether or not it is addressed in Hassett & Donnelly's A GUIDE to BASIC CONNECTICUT Law, please feel free to contact us at (860) 247-0644.

2 _____. Worcester | Boston | Hartford _____. Website: David F. Hassett Gerard T. Donnelly Sarah B. Christie Scott T. Ober Paul S. Rainville Peter G. Barrett John M. Dealy John A. Girouard Matthew G. Lindberg Tara E. Lynch Courtney E. Mayo Michael S. Melville John G. Miller Kelly A. O'Brien Timothy A. Smith Margarita Warren *This publication, A GUIDE to BASIC CONNECTICUT Law, is intended as a service to Hassett & Donnelly, 's clients, but may be considered advertising under the CONNECTICUT Rules of Professional Conduct. TABLE OF CONTENTS. A. CIVIL PROCEDURE .. 1. 1. State Court System.. 1. 2. Commencement of an Action.. 2. 3. Service of Process.. 2. 4. Order of Pleadings, Waiver, and Timing.. 2. 5. Motion to Dismiss.. 2. 6. Request to Revise.. 3. 7. Motion to Strike.. 3. 8. Answer to Complaint and Special Defenses.. 3. 9. Jury Trials .. 4. 10. Prejudgment Remedies .. 4. 11. Motion for Default for Failure to Appear or Plead / Judgment.. 4. 12. Third Party Practice.

3 4. 13. Counterclaims and Cross Claims.. 5. 14. Amendments to Pleadings.. 5. 15. Limitations of Actions.. 5. 16. Discovery.. 9. 17. Motion Practice.. 12. 18. Jury Selection.. 13. 19. Interest on Judgments.. 13. 20. Costs and Attorney's Fees.. 13. 21. Offer of Compromise.. 13. 22. Appellate Practice.. 14. B. TORT ACTIONS: GENERAL PRINCIPLES .. 15. 1. Comparative Negligence Statute.. 15. 2. Recreational Use Statute.. 17. 3. Liability of Employer for Tort of Employee.. 18. 4. Imputed Negligence: Generally.. 18. 5. Imputed Negligence: Parent and Child.. 18. 6. Interspousal Immunity.. 19. 7. Immunity of Child and Parent.. 19. 8. Immunity between Siblings.. 19. 9. Exclusivity of Workers' Compensation Remedy.. 19. 10. Workers' Compensation Liens.. 20. 11. Attorney's Liens.. 20. 12. Charitable Immunity.. 20. 13. Good Samaritan Laws.. 20. 14. Damages Recoverable for Personal Injury.. 20. 15. Pre-existing Injuries.. 21. i 16. Emotional Distress.. 21. 17.

4 Punitive Damages.. 22. 18. Loss of Consortium.. 22. 19. Advance Payments.. 22. 20. Medical Records.. 22. 21. Releases.. 23. 22. Settlement of Claims by Minor Plaintiffs.. 23. 23. Waiver of Liability and Indemnity.. 23. 24. Subsequent Remedial Measures.. 24. C. PARTICULAR TORT ACTIONS .. 24. 1. Liquor Liability.. 24. 2. Domestic Animals Dogs.. 25. 3. Other Domestic Animals.. 25. 4. Wrongful Death.. 25. 5. Wrongful Birth.. 26. 6. Negligent Misrepresentation.. 26. 7. Landlord's Tort Liability To Tenant or Occupant.. 26. 8. Landlord's Tort Liability To Tenant's Guest.. 27. 9. Premises Liability Claims.. 27. 10. Sovereign Immunity.. 30. 11. Governmental Immunity.. 30. 12. Highway Defect Statutes.. 30. 13. Trespass to Real Property.. 31. 14. Nuisance.. 31. 15. Product Liability.. 31. 16. Medical Malpractice.. 33. 17. Legal Malpractice.. 33. D. MOTOR VEHICLE LAWS .. 34. 1. Licenses and Permits.. 34. 2. Financial Responsibility.. 34. 3. Vicarious Liability and Automobiles.

5 34. 4. Negligent Entrustment.. 35. 5. Operator's Negligence Imputed to Passenger.. 36. 6. Operating under the Influence; Excessive Blood Alcohol.. 36. 7. Accident Reports.. 36. 8. Seat Belts and Child Restraints.. 36. 9. Motorcycle Helmets.. 37. 10. Rules of the Road.. 37. ii E. UNINSURED AND UNDERINSURED MOTORIST COVERAGE .. 38. 1. Uninsured and Underinsured Motorist Coverage, Generally.. 38. 2. Prompt Notice to Insurer.. 39. 3. Cooperation with Insurer's Investigation.. 40. 4. Arbitration.. 40. 5. Stacking.. 40. 6. Calculating Uninsured-Underinsured Motorist Benefits.. 40. 7. Subrogation.. 41. 8. Statute of Limitations.. 41. 9. Additional Exclusions and Limitations.. 41. F. INSURANCE COVERAGE .. 41. 1. Misrepresentation in Application.. 41. 2. Duty to Defend.. 42. 3. Failure to Defend.. 42. 4. Duty to Indemnify.. 43. 5. Late Notice.. 43. 6. Insured's Duty to Cooperate.. 43. 7. Policy Language Interpretation.. 43. 8. Waiver.. 44. 9. Estoppel.

6 44. 10. Insurance Company's Options for Responding to Claims.. 45. 11. Declaratory Judgment Actions.. 45. 12. Liability of Insurer under Liability Policy.. 45. 13. Burdens of Proof in Coverage Disputes.. 45. 14. Other Insurance Provisions.. 46. 15. Equitable Contribution.. 46. 16. The Right to Indemnity and Additional Insured Status.. 47. G. COLLATERAL SOURCE OFFSETS .. 47. 1. History of Collateral Source Rule.. 47. 2. Definition of Collateral Sources.. 47. 3. Subrogation of Collateral Sources.. 47. 4. Amendment in 2012.. 48. 5. Economic and Non-economic Damages.. 48. 6. A Note on Premiums.. 48. H. PARTICULAR INSURANCE ISSUES .. 48. 1. Punitive Damages.. 48. 2. Bodily Injury and Emotional Distress.. 49. 3. Property Damage.. 49. 4. Occurrence.. 49. iii I. UNFAIR PRACTICES .. 49. 1. Unfair Trade Practices Generally.. 49. 2. Unfair Insurance Practices Generally.. 50. iv CONNECTICUT LAW. A. CIVIL PROCEDURE. 1. State Court System. The CONNECTICUT Court System is divided into three separate levels: the Superior Court, the Appellate Court, and the Supreme Court.

7 The Superior Court is the court of general jurisdiction; General Statutes 51-164s; and is divided into thirteen (13) judicial districts: Ansonia-Milford, Danbury, Fairfield, Hartford, Litchfield, Middlesex, New Britain, New Haven, New London, Stamford-Norwalk, Tolland, Waterbury and Windham. The Superior Court hears all legal controversies except those over which the Probate Court has exclusive jurisdiction. Id. Probate Court matters, however, may be appealed to the Superior Court. General Statutes . 45a-186. The Superior Court is divided into four divisions: civil, criminal, family, and juvenile. Practice Book 1-3. The Appellate Court is the state's intermediate appellate court and reviews decisions made in the Superior Court to determine if errors of law have been made. There are nine Judges of the Appellate Court that generally sit in panels of three. General Statutes 51-197c (a). The Supreme Court is the state's highest court. There are seven Justices of the Supreme Court that typically sit en banc, but also may sit in panels of five or six.

8 General Statutes 51-198 (a) and 51-207. The Appellate Court also occasionally sits en banc. Practice Book 70-7. Appeals are first brought to the Appellate Court, although certain appeals are brought directly to the Supreme Court, including appeals from decisions of the Superior Court finding a state statute unconstitutional or convictions for capital felonies. General Statutes 51-197a (a). and 51-199 (b). The Supreme Court may transfer any appeal in the Appellate Court to itself or transfer any matter from itself to the Appellate Court, except for any matter brought under its original jurisdiction. General Statutes 51-199 (c). The Small Claims Court has jurisdiction to hear cases in which the damages cannot exceed five thousand dollars ($5,000) including attorney's fees but exclusive of court fees and costs. Practice Book 24-2. Judgments and decisions in Small Claims Court are final, meaning that they cannot be appealed. Practice Book 24-28. However, the Court can, upon motion, open any judgment that was entered due to lack of notice or on default within four (4) months from when judgment entered.

9 Practice Book 24-31. A party can file a motion to transfer a case to the regular docket (Superior Court) prior to the answer date. The motion to transfer will be granted if it contains an affidavit stating that a good defense exists to the claim and setting forth with specificity the nature of the defense or stating that the case has been properly claimed for a trial by jury. Practice Book 24-21. Whenever a plaintiff prevails in a Small Claims matter which was transferred to the regular docket in the Superior Court on the motion of the defendant, the Court may allow the plaintiff his costs, together with reasonable attorney's fees to be taxed by the Court. General Statutes 52-251a. 1. 2. Commencement of an Action. A civil action is considered commenced by service of process of the writ of summons or attachment describing the parties, the court to which it is returnable with the return date, and the date and place for filing an appearance. General Statutes 52-45a.

10 The writ shall be accompanied by the plaintiff's complaint. Id. Process in civil actions may be made returnable on any Tuesday in any month not later than two (2) months after the date of process. General Statutes 52-48. Process in civil actions returnable to the Superior Court shall be returned to the clerk of such court at least twenty (20) days before the return date. General Statutes 52-46a. An appearance for a party in a civil case should be filed on or before the second day following the return day. Practice Book 3-2. 3. Service of Process. Service of process is governed by General Statutes 52-57. Thereunder, process shall be served by leaving a true and attested copy, including the declaration or complaint, with the defendant or at his usual place of abode in the state. General Statutes 52-57 (a). In actions against a private corporation, service of process shall be made upon any one of enumerated officers or employees set forth under 52-57 (c), including the president, vice president or secretary, or upon any director resident in the state, or the person in charge of the business of the corporation, or upon any person who is at the time of service in charge of the office of the corporation in the town in which its principal office or place of business is located.