Free Trial Memo - District Court of Connecticut - Connecticut

Case 3:03-cv-01009-SRU

Document 128-5

Filed 04/07/2006

Page 1 of 6

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 PROPOSED VOIR DIRE QUESTIONS

1.

Do you have any personal feelings about corporations that would prevent you

from being a fair and impartial juror in a case where a corporation is a defendant?
2. Do you have any feelings about insurance companies

which would make it difficult for you to be fair and impartial where an insurance company is a defendant?

3.

Do you feel that just because an insured has made a claim for a fire loss under

a fire policy of insurance, the insured is always entitled to be paid without knowing any more about the claim?
4. Without knowing anything about the substance of this

case, would you hold it against Patrons Mutual Insurance in any way because Patrons Mutual has denied the Attias' insurance claim for the fire damage to their building?

5.

Without knowing anything about the substance of this case, does the Patrons

Mutual Insurance Company start out at a disadvantage in this matter because they have refused to pay their insureds' claim for a fire loss?

SR/240389/hab

Case 3:03-cv-01009-SRU

Document 128-5

Filed 04/07/2006

Page 2 of 6

6.

A fire at one's premises is a traumatic event, and it would be natural to be

sympathetic to the Attias' who have sustained such a loss. If you are selected as a juror in this matter, can you put aside any sympathy that you may have for the Attias' and judge this case solely on the evidence which is presented in the courtroom? 7. If the facts as you determine them and the law as I instruct you justify a

conclusion that the insurance company was justified in denying the Attias' claim, can you send the Attias' away from this courtroom without awarding them any money in spite of the natural sympathy you might have for them?
8. Will you follow my instructions on the law even if you disagree with them?

-2-

Case 3:03-cv-01009-SRU

Document 128-5

Filed 04/07/2006

Page 3 of 6

9.

If the Patrons Mutual Insurance Company does not have

a representative in the courtroom other than Mr. Rottner or Ms. Adams-Beman during the course of the trial, would you in any way hold that against Patrons Mutual Insurance Company or would you allow that in any way to affect your judgment in this matter?

10.

Have you ever had an insurance claim which was either put in suit or in some

way went to a form of dispute resolution in order for your claim to be resolved? 11. If the answer to the preceding question is in the affirmative, is there anything

that happened in that claim which would affect your ability to be fair and impartial in this matter?
12. Has anyone ever made an insurance claim either for

themselves or has any close family member made a homeowner's or fire insurance claim or automobile insurance claim?

-3-

Case 3:03-cv-01009-SRU

Document 128-5

Filed 04/07/2006

Page 4 of 6

13.

If you have made a homeowner's or fire insurance claim or automobile

insurance claim, was the claim resolved to your satisfaction?
14. If you have made a homeowner's or fire insurance claim

or automobile insurance claim, is there anything about that claim that would affect your ability to be impartial in this matter?

15.

Does anybody presently have any kind of a claim pending against an insurance

company which is presently unresolved, including claims for health insurance, homeowner's insurance claims, whether for fire, theft or other losses; automobile insurance claims, whether for property or injuries, or any other claims where you may have been injured and you feel that the ultimate claim is against an insurance company?

-4-

Case 3:03-cv-01009-SRU

Document 128-5

Filed 04/07/2006

Page 5 of 6

The defendant requests that the following questions be asked of any jurors who answered questions 10, 11, 12, 13, 14 and 15 in the affirmative outside the presence of the other jurors.
14. a. b. c. your claim? d. Were you in any way disappointed or upset with the resolution of your claim? e. Did anything occur during the processing of that claim, or can you think of anything with respect to that claim which would make it difficult for you to now be a fair and impartial juror in a case where the plaintiffs are making a claim against their insurance company? Please describe the nature of your claim. Were you satisfied with your experience? Did any problems occur during the processing of

-5-

Case 3:03-cv-01009-SRU

Document 128-5

Filed 04/07/2006

Page 6 of 6

DEFENDANT, PATRONS MUTUAL INSURANCE COMPANY

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

-6-