DocketNumber: No. CV 92 297170
Judges: LEWIS, JUDGE
Filed Date: 10/27/1992
Status: Non-Precedential
Modified Date: 4/18/2021
Appearing on the miscellaneous/special proceedings calendar is a request by the plaintiffs for a "bill of discovery," an independent action CT Page 9696 in "equity" for discovery, in which they seek a copy of Arkwright's policy with People's and all other pertinent documents regarding this policy. Pottetti v. Clifford,
The hearing revealed that the vandalism occurred between March and May, 1991. People's at that time insured the premises in its capacity as mortgagee under its master insurance policy with Arkwright. As a result of the vandalism, the defendant made a claim on this policy.
The plaintiffs believe that they may have a right to share in any recovery made by People's on its policy with Arkwright. People's argues, on the other hand, that it inquired of the plaintiffs if they had procured vandalism and related risks coverage as required by their mortgage with People's. After not receiving a satisfactory response, People's went out and procured its own coverage to protect its interest as mortgagee. The defendant paid for this insurance and advised plaintiffs that it was designating only itself as loss payee. While it is not at all certain that the plaintiffs have any interest in this policy, nevertheless, as said in Pottetti, supra, 257, "A pure bill of discovery is favored in equity and will be granted unless there is some well-founded objection against the exercise of the court's jurisdiction." No such objection has been filed in this case, and the plaintiffs as owners of the subject premises have arguably made "a showing of good faith and probable cause," Carten v. Carten, 153, Conn. 603, 614,
So Ordered.
Dated at Bridgeport, Connecticut, this 27th day of October, 1992.
William B. Lewis, Judge