Free Trial Memo - District Court of Connecticut - Connecticut

Case 3:03-cv-01009-SRU

Document 128-7

Filed 04/07/2006

Page 1 of 5

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT JOSEPH ATTIAS & HAIM ATTIAS VS. PATRONS MUTUAL INSURANCE COMPANY OF CONNECTICUT : : : : : : CIVIL ACTION NO. 3:03 CV 01009 (SRU)

DEFENDANT'S, PATRONS MUTUAL INSURANCE COMPANY, PROPOSED JURY INTERROGATORIES 1) Do you find that the plaintiffs have made material misrepresentations as to the extent of the repairs and/or renovations made to the insured premises subsequent to its purchase in August 2002 and prior to the fire on November 13, 2002 in one or more of the following ways: (a) The plaintiffs misrepresented that they had paid between $65,000 and $75,000 for work performed by all contractors who performed work on the house. Yes______ (b) No_______

The plaintiffs misrepresented that they had paid $8,000 to a contractor, Sebastian Lentini, when in fact they had paid only $5,000. Yes______ No_______

(c)

The plaintiffs presented a bill to the defendant from Dura Tola in an amount in excess of $100,000 for work allegedly performed by said contractor when the plaintiff knew that the majority of the work referred to in said bill was not performed by Dura Tola and the plaintiffs knew that they had paid less than $17,000 to said contractor. Yes______ No_______

(d)

The plaintiffs misrepresented that on the date of the fire the building was rea dy for occ upa ncy and in

SR/240431/hab

Case 3:03-cv-01009-SRU

Document 128-7

Filed 04/07/2006

Page 2 of 5

sup por t the reo f pro vid ed a doc um ent pur por tin g to be a Cer tifi cat e of Oc cup anc y fro m the Cit y of Har tfor d Ins pec tio ns De par tme 3-

Case 3:03-cv-01009-SRU

Document 128-7

Filed 04/07/2006

Page 3 of 5

nt rep res enti ng the bui ldi ng to be rea dy for occ upa ncy wh en the plai ntif fs kne w that the doc um ent wa s fals e. Yes______ No_______

(e) The plaintiffs misrepresented the extent of the completion of the renovation to the insured premises and the condition of the property on the date of loss in that they presented to the defendant a real estate appraisal obtained for the purpose of financing the premises with knowledge that said real estate appraisal contained representations that the premises contained improvements including but not limited to "new kitchens, baths, flooring, interior ­ exterior paint, windows, electrical and heating..." and in that said appraisal represented that "no significant repairs required" with knowledge 4-

Case 3:03-cv-01009-SRU

Document 128-7

Filed 04/07/2006

Page 4 of 5

that on the date of said appraisal said representations were false. Yes______ No_______

________________________ Date

___________________________ Foreperson

N.B. The foreperson must sign in ink and print name below signature.

5-

Case 3:03-cv-01009-SRU

Document 128-7

Filed 04/07/2006

Page 5 of 5

DEFENDANT, PATRONS MUTUAL INSURANCE COMPANY

By_______________________________ Joel J. Rottner Skelley Rottner P.C. 433 South Main Street, Suite 305 West Hartford, Connecticut 06110 Tel. (860) 561-7077 Fax (860) 561-7088 Federal Bar No. ct05612

6-