Free Motion to Amend/Correct - District Court of Connecticut - Connecticut

Case 3:03-cv-010Cg#JCH Document 27 Filed 04/%/2004 Page 1 of 3 {
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
D.L. RYAN COMPANIES, LTD. : Civil Action
Plaintiff, 2 No. 3:03CVl037 (J CH)
V. :
ALTA HEALTH & LIFE : i
INSURANCE COMPANY (
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Defendant. : April 20, 2004 i
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MOTION OF ALTA HEALTH & LIFE INSURANCE COMPANY E
TO AMEND COUNTERCLAIM TO CORRECT ERROR i
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Defendant Alta Life & Health Insurance Company ("Alta") hereby moves pursuant to I
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Fed.R.Civ.P. to amend its Counterclaim, dated September ll, 2003 to correct allegations i
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relating to documents attached to the Counterclaim as Exhibits A and B and to collect the i
amount of damages claimed. i
1. The first portion of the Counterclaim relating to the error Alta seeks to correct
is as follows:
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3. On or about November 22, 1999, Plaintiff submitted to Defendant
a signed application for a Group Contract. A copy of the application is attached
as Exhibit A.
4. Effective January l, 2000 Plaintiff and Defendant entered into, l
inter alia, the following contracts: Y
a. A Stop-Loss Contract ("Stop—Loss Contract") (a copy is attached i
as Exhibit B); and
b. An Administrative Services Contract ("Initial Administrative Services
Contract") (a copy is attached as Exhibit B).
The Stop-Loss Contract and the Initial Administrative Services Contract are referred
to collectively, at times, hereinafter as the "Initial Contracts."
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Case 3:03-cv-O10€—>JCH Document 27 Filed O4/22§OO4 Page 2 of 3
2. Alta wishes to clarify that the document attached as Exhibit A to the
Counterclaim is actually the first page of the contract attached as Exhibit B, and that a wholly
different document, to be attached to the amended Counterclaim as Exhibit A, constitutes the
application submitted by Ryan to Alta for health care benefits coverage for the year 2000.
3. Alta therefore seeks permission of this Court to amend paragraphs 3 and 4 of
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the First Counterclaim and Exhibits A and B to clarify these points, as set forth in the
proposed amended Answer, Affirmative Defenses and Counterclaim attached hereto as
Exhibit A.
4. Alta also seeks to amend paragraphs 28 of the First Counterclaim and 29 of
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the Second Counterclaim to amend the damages amormt from $44,398.54 to $38,335.56. l
WHEREFORE, Alta moves to amend its Counterclaim to correct the allegations of i
paragraphs 3, 4, and 28 of the First Counterclaim, paragraph 29 of the Second Counterclaim l
and Exhibits A and B.
Respectfully Submitted,
Marie A. Casper (ct#08974) i
ZELDES, NEEDLE & COOPER
A Professional Corporation
1000 Lafayette Boulevard
P.O. Box 1740
Bridgeport, Connecticut 06601 -1740 ,
Tel.: 203-333-9441
Fax: 203-333-1489
E-Mail: mcaspergci>2ncilaw.com.
Attorneys for Defendant
Alta Health & Life Insurance Company
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Case 3:03-cv—O10€*—>JCH Document 27 Filed O4/€2»52004 Page 3 of 3 I
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CERTIFICATION J
This is to certify that a copy of the foregoing has been sent via first class U.S. Mail, }
postage prepaid, to the following parties of record: I
Mark J. Kovack, Esq.
Wake, See, Dimes & Bryniczka I
27 Imperial Avenue
P.O. Box 777
Westport, CT 06881-0777
Ph. 203—227—9545 I
Attorneys for Plaintiff I
D.L. Ryan Companies, Ltd.
Dated at Bridgeport, Connecticut this 20th day of April, 2004.
I/jI a t oc
Marie A. Casper
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