Free Motion in Limine - District Court of Connecticut - Connecticut

I I I I I I Case 3:00-cv-008034-SRU I Document 68 Filed 12/16/2004 I 0Page01 1 IIC I
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
STEWARD MACHINE COMPANY : 3:00 CV 00834 (SRU)
PLAINTIFF :
VS. :
WHITE OAK CORPORATION et al :
DEFENDANT : December 16, 2004
THE DEFENDANT NATIONAL UNION FIRE INSURANCE COMPANY OF
PITTSBURGH, PA’s MOTION IN LIMINE AND/OR MOTION FOR SUMMARY
JUDGMENT REGARDING CERTAIN CLAIMS OF THE PLAINTIFF STEWARD g
MACHINE COMPANY
The Defendant National Union Fire Insurance Company of Pittsburgh, PA ("National
Union") hereby moves in limine for a legal determination prior to trial with respect to certain of
the claims which have been asserted against it by the Plaintiff Steward Machine Company
‘ ("Steward"). Alternatively, National Union hereby moves for summary judgment with respect to
these claims.
Specifically, National Union seeks a legal determination with respect to the following:
1. As a matter of law, National Union is not liable for Steward’s claims of business
disruption and interference damages, because the surety’s liability under Conn.
Gen. Stat. § 49-42 and the bond does not extend to consequential damages, lost
. profits and breach of contract damages incurred by Steward on projects other than
the bonded proj ect;
2. As a matter of law, National Union is not liable for Steward’s "storage fee" claim,
because the surety’s liability under Conn. Gen. Stat. § 49-42 and the bond does
not extend to costs and expenses not actually incurred by the claimant, and Conn.
Gen. Stat. § 42a-2-710 — to the extent that it is applicable — limits Steward’s
recovery to costs and expenses actually incurred on the bonded proj ect; I
I 3. As a matter of law, the proper measure of National Union’s liability under Conn.
Gen. Stat. § 49-42 and the bond consists of Steward’s actual labor and material
costs incurred on the bonded proj ect; and
ORAL ARGUMENTREQUESTED
I i
WOLF, HOROVVITZ, ETLINGER, & CASE L. L. C. Counselors A1 Law
99 Pratt Street, Hartford, CT 06103 *(860) 724-6667 * Fax (860) 293-1979 * Juris No. 402488

Case 3:00-cv—00834-SRU Document 68 Filed 12/16/2004 Page 2 of 3 r
4. As a matter of law, Steward cannot seek or recover interest accruing after August
24, 2000, because the parties’ agreement of that date precludes Steward Hom 3
seeking or recovering interest accruing after August 24, 2000.
National Union seeks a legal determination of these issues before trial because these ,
issues can be resolved as a matter of law based on undisputed facts, resolution of these issues
prior to trial would streamline the trial of this case, and may also assist the parties in resolving
the matter. I
National Union submits the following in support of this Motion:
1. Memorandum of Law in Support of Motion in Limine and/or Motion for
Summary Judgment; ;
2. Local Rule 9(c)(l) Statement; and
3. Affidavit of Frank Zito in Support of Motion in Limine and/or Motion for
Summary Judgment. I
NATIONAL UNION FIRE INSURANCE
_ COMPANY OF PITTS H, PA
BY
Ga ase
Wolf rowitz, Etlinger & Case, LLC
99 Pratt St, Suite 401
Hartford, CT 06103
(860) 724-6667
` ctO96lO §
2
WOLF, HOROWITZ, ETLINGER, & CASE L. L. C. Counselors AtL¢zw I
99 Pratt Street, Hartford, CT 06103 *(860) 724-6667 * Fax (860) 293-1979 * Juris No. 402488

I ase 3:00-cv—00834-SRU Document 68 Filed 12/16/2004 Page 3 of 3
2 CERTIFICATION
This is to certify that a true copy of the foregoing doctunent was mailed via first class
postage, prepaid, this 16th day of December, 2004, to all counsel of record.
William Egan
` Barbara Crowley
Egan & Crowley
2 234 Church Street 2
New Haven, CT 06510 g
Jane I. Milas
Garcia & Milas, P.C.
44 Trumbull Street r
New Haven, CT 06510 ·
Phone — (203)773-3824 V I
Fax — (203) 782-2312 . '
55045 I 1
3 3
WOLF, HOROWITZ, ETLINGER, & CASE L. L. C. Counselors At Law
99 Pratt Street, Hartford, CT 06103 *(860) 724-6667 * Fax (860) 293-1979 * Juris N0. 402488 J