Free Statement of Material Facts - District Court of Connecticut - Connecticut

Case 3:03-cv—O1(94)6—DJS Document 27 Filed Ow/2004 Paget 0f4 i
UNITED STATES DISTRICT COURT I I in
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DISTRICT COURT OF CONNECTICUT l ""` R ·
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coMMERc1AL UNION 1NsuRANcis _ 1} a :&‘,‘_i"'gt__1 {EI CD URI 5
COMPANY, own N0. 302: t1.v¥2i0¤v6%l¢iw¥1fl-
Plaintiff LOCALRULIE 56(a) 1 Q
STATEMENT `
-against- June ll, 2004 2
FRANKLIN LORD and SHARON SHUMAN
Defendants.
............................................... .. ........... X

Plaintiff COMMERCIAL UNION INSURANCE COMPANY, by its attorneys,
NICOLETTI I-IORNIG CAMPISE SWEENEY & PAIGE contend that the following facts are
undisputed:
1. On March 26, 2002, the plaintiff Commercial Union Insurance
Company ("Commercial Union"), served and filed a motion for summary judgment. On Aprill i
19, 2004 the defendants, Franklin Lord and Sharon Shuman, served and filed their opposition
papers to the motion for summary judgment. On April 28, 2004 Commercial Union filed its

reply papers on the motion for summary judgment.
2. The defendants never requested, nor did the Court ever grant the
defendants leave to file a sur-reply brief or a supplemental memorandum. (Homig Aff, ‘|[ 3)
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3. Since the motion for summary judgment was fully submitted to thie p
Court, the defendants have not discovered any new facts unknown to them at the time their j
submitted their opposing papers and there have been no new decisions or other relevant legzjl W
treatises that would have a bearing on the legal issues in this case where Commercial Union
seeking an order declaring the policy Commercial Union issued to Franklin Lord and Sharon
Shuman void ab initio on the grounds that material misrepresentations were made in
connection with the application for insurance. (Homig Aff, 1[ 3) I
4. Commercial Union never received any Coast Guard documentation for
the WANDERLUST from Franklin Lord and Sharon Shuman. (I-Iomig Af1Z,'i|1l4, 5) j
5. Commercial Union first obtained Coast Guard documentation for the j
WANDERLUST after the defendants claimed that the vessel was lost on April 29, 2003.
(Hornig Aff., W 4, 5)
6. There is no evidence that the engine serial number contained details oif
its manufacturer or the age of the engine. Franklin Lord testified that he does know the
significance, if any, of the letters and numbers in the engine serial number. Franklin Lord C
knew that the engine on the WANDERLUST was built in 1996 or earlier, nevertheless, the
defendants on the application for insurance stated that the engine was a "2000” engine. (Homig
Aff, 1[ 6) i
7. The defendants Franklin Lord and Sharon Shuman in opposition to
Commercial Union’s motion for summary judgment did not submit any affidavits from
officers, employees or other representatives of Kanter Yacht with offices in Ontario, Canada
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Case 3:03-cv—O@@6—DJS Document 27 Filed Og?/2004 Page 3 of 4 V
concerning building cost, pricing of yachts, construction records or standards used by Kanter
Yachts. (Hornig Aff, 1l 8)
Dated: New York, New York
June ll, 2004 E
LAW OFFICE OF NICOLETTI HORNIG l
CAMPIS WEENEY & PAIGE
Attorn .i f r Plai if
Co er<:`al Un` s ran pany
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By: M ~ `
David R. Hornig, Esq.
CT Bar No.: ct06l20
NICOLETTI HORNIG CAMPISE SWEENEY & PAIGE
Wall Street Plaza
88 Pine Street, 7th Floor l
New York, New York l0005—l80l
Telephone No.: (212) 220—3838
Telefax No.: (212) 220-3784
e-mail: d}[email protected]
(FILE NO.: 10000379 DRH)

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Case 3:03-cv—O1@4F5—DJS Document 27 Filed O6_[1_5/2004 Page 4 of 4
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CERTIFICATION OF SERVICE
This is t0 certify that the foregoing LOCAL RULE 56(a) 1 STATEMENT was
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sent via tirst-class mail, post pre—paid on the 11th day of June, 2004 to the ibllowingz ¤
James J. Schultz, Esq. `
LAW OFFICES OF JAMES J. SCHULTZ
164 Belridge Road ’
New Britain, Connecticut 06053 i
Robert K. Marzik, Esq. g
LAW OFFICES OF
ROBERT K. MARZIK, P.C.
1512 Main Street
Stratford, Connecticut 06615
FRANKLIN LORD, Pro Se Q
307 Farmholme Road
Stonington, Connecticut 34221 l
DAVID R. HORNIG `
CT Bar No.: ct06120
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