Preview
DOCKET NO.: KNL-CV18-6038098-S : SUPERIOR COURT
SEAN RICHARDSON : J. D. OF NEW LONDON
VS. : AT NEW LONDON
NATIONAL INDEMNITY COMPANY : JANUARY 30, 2020
REQUEST FOR LEAVE TO AMEND COMPLAINT
The Plaintiff in the above matter respectfully requests that the Court allow the
Plaintiff to amend his Complaint in accordance with the Second Amended Complaint
attached hereto.
THE PLAINTIFF
SEAN RICHARDSON
By:_/s/ 102692
Thomas J. Keramidas
His Attorney
Law Offices of Thomas J. Keramidas, LLC
70 Howard Street
New London, Connecticut 06320
Tel. (860) 447-0033 ♦ Fax (860) 447-3233
Juris Number 102692
CERTIFICATION
I hereby certify that a copy of the foregoing was served in accordance with sections
10-12 through 10-17 of the Connecticut Practice Book this 30th day of January, 2020
as follows:
VIA FACSIMILE AND EMAIL
Jay F. Huntington, Esquire
Conway Stoughton LLC
641 Farmington Avenue
Hartford, CT 06105
Fax No.: 860-523-8002
Email: afreniere@conwaystoughton.com
James H. Rotondo, Esquire
Daniel J. Raccuia, Esquire
Day Pitney LLP
242 Trumbull Street
Hartford, CT 06103
Fax No.: 860-275-0343
Email: jhrotondo@daypitney.com
_/s/ 102692
Thomas J. Keramidas
Commissioner of Superior Court
Law Offices of Thomas J. Keramidas, LLC
70 Howard Street
New London, Connecticut 06320
Tel. (860) 447-0033 ♦ Fax (860) 447-3233
Juris Number 102692
ORDER
The foregoing Request For Leave To Amend Complaint having been duly
heard, is hereby:
GRANTED / DENIED
JUDGE / Clerk
Law Offices of Thomas J. Keramidas, LLC
70 Howard Street
New London, Connecticut 06320
Tel. (860) 447-0033 ♦ Fax (860) 447-3233
Juris Number 102692
DOCKET NO.: KNL-CV18-6038098-S : SUPERIOR COURT
SEAN RICHARDSON : J. D. OF NEW LONDON
VS. : AT NEW LONDON
NATIONAL INDEMNITY COMPANY : JANUARY 30, 2020
SECOND AMENDED
COMPLAINT
FIRST COUNT: UNDERINSURED MOTORIST ACTION
1. At all times mentioned herein, 1008 Bank Street, LLC, was a limited
liability company duly formed and organized pursuant to the laws of the State of
Connecticut and doing business in the State of Connecticut.
2. On or about December 12, 2015, 1008 Bank Street, LLC, owned a 2008
Harley Davidson motorcycle bearing Connecticut registration MCD-103 which was
operated by their agent, servant and/or employee, the Plaintiff, Sean Richardson,
north on Miner Avenue in Waterford, Connecticut.
3. On said date and time, Janet L. Dickinson owned a 2002 Mazda
automobile bearing Massachusetts registration 235-PZT which she operated
south on Miner Avenue in Waterford, Connecticut.
4. On said date and time, Janet L. Dickinson attempted to make a left turn in to
a private drive at 41 Miner Avenue and drove the vehicle she operated into the path
Law Offices of Thomas J. Keramidas, LLC
70 Howard Street
New London, Connecticut 06320
Tel. (860) 447-0033 ♦ Fax (860) 447-3233
Juris Number 102692
of the vehicle operated by the Plaintiff, Sean Richardson, causing the collision,
injuries and damages hereinafter stated.
5. The injuries, damages, and collision were caused by the carelessness and
negligence of Janet L. Dickinson in one or more of the following ways in that:
a. she attempted a left hand turn when it was not reasonably safe to
do so in violation of Connecticut General Statute §14-242;
b. she failed to grant the right of way at an intersection in violation of
Connecticut General Statute §14-242(e);
c. she operated his vehicle at a rate of speed greater than is
reasonable having regard to the width, traffic and use of the
roadway, the intersection of streets, and weather conditions, in
violation of §14-218a of the Connecticut General Statutes;
d. she failed to keep a proper and reasonable lookout for other motor
vehicles upon the roadway, including the motor vehicle operated by
the Plaintiff, Sean Richardson;
e. she was inattentive in the operation of her motor
vehicle;
f. she failed to apply her breaks in time to avoid a
collision with the vehicle operated by the Plaintiff,
Sean Richardson, although by a proper and
reasonable exercise of her faculties, she could and
should have done so;
g. she knew, or should have known, that she could not
proceed with safety under all the circumstances then
and there existing, but nevertheless, failed to halt her
vehicle;
Law Offices of Thomas J. Keramidas, LLC
70 Howard Street
New London, Connecticut 06320
Tel. (860) 447-0033 ♦ Fax (860) 447-3233
Juris Number 102692
h. she failed to have and keep his vehicle under proper
and reasonable control; and
i. she failed to turn her motor vehicle so as to avoid the
collision, although by a proper and reasonable
exercise of her faculties, she could and should have
done so.
6. As a direct result of the carelessness and negligence of Janet L.
Dickinson, the Plaintiff, Sean Richardson, suffered the following:
a. L4-5 disk herniation which required surgery;
b. a lumbar strain and sprain;
c. radiation to bilateral legs;
d. past and future loss of life’s enjoyments;
e. physical pain and emotional suffering;
f. permanent injuries; and
g. fear of future medical treatment
Law Offices of Thomas J. Keramidas, LLC
70 Howard Street
New London, Connecticut 06320
Tel. (860) 447-0033 ♦ Fax (860) 447-3233
Juris Number 102692
7. As a further result of the carelessness and negligence of Janet L.
Dickinson, the Plaintiff, Sean Richardson, has or will suffer the following:
a. Expenses for past medical treatments;
8. The Defendant, National Indemnity Company is and at all times
mentioned herein, was an insurance company licensed to do and transact
insurance business in this state, and to issue the policy hereinafter referred to.
9. Prior to the date of loss, and for consideration of premiums paid, the
Defendant, National Indemnity Company, covered the Plaintiff, Sean
Richardson, as an insured, wherein it agreed to pay all sums which an insured
shall be legally entitled to recover as damages from the owner or operator of an
uninsured/underinsured highway vehicle, because of bodily injuries sustained by
an insured as the result of an accident relating to ownership, maintenance, and
use of such uninsured/underinsured vehicle.
10. At all times hereinafter mentioned, the Plaintiff, Sean Richardson, was an
insured under the terms of the National Indemnity Company policy number 70
GHS 030954.
Law Offices of Thomas J. Keramidas, LLC
70 Howard Street
New London, Connecticut 06320
Tel. (860) 447-0033 ♦ Fax (860) 447-3233
Juris Number 102692
11. Said National Indemnity Company policy maintained
uninsured/underinsured motorist coverage.
12. On said date and time of the above described accident, Janet L. Dickinson
was uninsured/underinsured and the Plaintiff, Sean Richardson, has or will
exhaust her automobile liability insurance policy.
13. The Defendant, National Indemnity Company, was duly notified of the
accident, of the injuries sustained, and of the claim brought, pursuant to the
uninsured/underinsured motorist provisions of said policy. The Plaintiff, Sean
Richardson, has complied with, and has performed all things required of him to
be performed by the terms of the policy.
14. The Defendant, National Indemnity Company, has failed and/or refused
to compensate the Plaintiff, Sean Richardson, fairly and adequately under the
uninsured/underinsured motorist terms of the coverage and contract.
Law Offices of Thomas J. Keramidas, LLC
70 Howard Street
New London, Connecticut 06320
Tel. (860) 447-0033 ♦ Fax (860) 447-3233
Juris Number 102692
SECOND COUNT: (Breach of Implied Covenant of Good Faith and Fair
Dealing)
1-14. Paragraphs 1-14 of the First Count are hereby incorporated as
paragraphs 1-14 of this Second Count as if fully set forth herein.
15. The defendant, National Indemnity Company, acted in bad faith,
and breached its implied duty of good faith and fair dealing owed to the Plaintiff,
in one or more of the following manners:
a. National Indemnity Company has unreasonably withheld
payment to the Plaintiff under his underinsured motorist
provisions of the referenced policy;
b. National Indemnity Company has failed to act fairly and in
good faith in discharging its contractual responsibilities owed
to the Plaintiff;
c. National Indemnity Company has refused to compensate the
Plaintiff for a loss covered by the policy without proper
cause;
d. National Indemnity Company does not have a reasonable
basis for denying the Plaintiff benefits under his
underinsured provisions of the policy, but has improperly
done so;
e. National Indemnity Company has not made a timely or
reasonable investigation of the Plaintiff’s claims;
f. National Indemnity Company has purposefully delayed
resolution of the claim by claiming the matter to a jury trial;
Law Offices of Thomas J. Keramidas, LLC
70 Howard Street
New London, Connecticut 06320
Tel. (860) 447-0033 ♦ Fax (860) 447-3233
Juris Number 102692
g. National Indemnity Company has engaged in unfair and
deceptive conduct with regard to the investigation of this
claim and the evaluation of the value of this claim;
h. In defending the Plaintiff's underinsured motorist claim,
National Indemnity Company has refused to admit numerous
factual allegations made by Plaintiff regarding the subject
accident including how it happened and who was at fault
despite knowing through its own investigation that the
Plaintiff's allegations are true;
i. In defending the Plaintiff's underinsured motorist claim,
National Indemnity Company has refused to admit numerous
factual allegations made by the Plaintiff regarding the driver
who caused the accident, including who that driver was
insured by, how much insurance he had and the fact that
such insurance has been paid, despite knowing through its
own investigation that the Plaintiff's allegations are true;
j. National Indemnity Company 's refusal to admit the factual
allegations that it knows to be true were taken with ill will,
improper motive, and reckless indifference to the rights of
the Plaintiff;
k. National Indemnity Company a failed to interpret and apply
policy terms in good faith by attempting to take technical
advantage of policy clauses to deny available underinsured
insurance coverages when it knew it had no sound legal
basis to do so;
l. National Indemnity Company knowingly misrepresented
insurance policy provisions relating to coverage in violation
of Connecticut General Statute §38a-316(6)(A);
Law Offices of Thomas J. Keramidas, LLC
70 Howard Street
New London, Connecticut 06320
Tel. (860) 447-0033 ♦ Fax (860) 447-3233
Juris Number 102692
m. National Indemnity Company did not attempt, in good faith,
to effectuate prompt, fair and equitable settlement in this
matter when liability and damages are reasonably clear;
n. National Indemnity Company does not attempt, in good faith,
to effectual prompt, fair and equitable settlement of claims in
which liability has become reasonably clear in violation of
Connecticut General Statute §38a-316(6)(F);
16. National Indemnity Company 's actions set forth above constitute
an intentional and wanton violation of the rights of the Plaintiff and a bad faith
denial of the Plaintiff's benefit of the bargain of the contract at issue and a breach
of the implied contractual covenant of good faith and fair dealings.
17. As a result of the foregoing acts of the Defendant, National
Indemnity Company, the Plaintiff has been harmed.
18. The Plaintiff has been damaged by National Indemnity Company’s
breach of its duty to act in good faith and deal fairly with its insured Plaintiff.
THIRD COUNT: (Violation of Connecticut’s Unfair Insurance Practices Act)
1-14. Paragraphs 1-14 of the First Count are hereby incorporated as
paragraphs 1-14 of this Third Count as if fully set forth herein.
Law Offices of Thomas J. Keramidas, LLC
70 Howard Street
New London, Connecticut 06320
Tel. (860) 447-0033 ♦ Fax (860) 447-3233
Juris Number 102692
15. The Defendant has engaged in unfair claims settlement practices in
violation of 38a-816(6) with such frequency as to indicate a general business
practice in one or more of the following ways:
a. Forcing their insured to institute litigation in order to recover
amounts due, by offering substantially less than the amount
ultimately recovered;
b. By delaying the litigation resolution of a claim by claiming all
cases for jury trial;
c. By not attempting in good faith to effectuate prompt, fair and
equitable settlements in which liability is clear;
16. National Indemnity Company has also engaged in unfair and
deceptive acts or practices in violation of 38a-815, in one or more of the following
ways:
a. National Indemnity Company has unreasonably withheld
payment to the Plaintiff under his underinsured motorist
provisions of the referenced policy;
b. National Indemnity Company has failed to act fairly and in
good faith in discharging its contractual responsibilities owed
to the Plaintiff;
c. National Indemnity Company has refused to compensate the
Plaintiff for a loss covered by the policy without proper
cause;
d. National Indemnity Company does not have a reasonable
basis for denying the Plaintiff benefits under his
Law Offices of Thomas J. Keramidas, LLC
70 Howard Street
New London, Connecticut 06320
Tel. (860) 447-0033 ♦ Fax (860) 447-3233
Juris Number 102692
underinsured provisions of the policy, but has improperly
done so;
e. National Indemnity Company has not made a timely or
reasonable investigation of the Plaintiff’s claims;
f. National Indemnity Company has purposefully delayed
resolution of the claim by claiming the matter to a jury trial;
g. National Indemnity Company has engaged in unfair and
deceptive conduct with regard to the investigation of this
claim and the evaluation of the value of this claim;
h. In defending the Plaintiff's underinsured motorist claim,
National Indemnity Company has refused to admit numerous
factual allegations made by Plaintiff regarding the subject
accident including how it happened and who was at fault
despite knowing through its own investigation that the
Plaintiff's allegations are true;
i. In defending the Plaintiff's underinsured motorist claim,
National Indemnity Company has refused to admit numerous
factual allegations made by the Plaintiff regarding the driver
who caused the accident, including who that driver was
insured by, how much insurance he had and the fact that
such insurance has been paid, despite knowing through its
own investigation that the Plaintiff's allegations are true;
j. National Indemnity Company's refusal to admit the factual
allegations that it knows to be true were taken with ill will,
improper motive, and reckless indifference to the rights of
the Plaintiff;
k. National Indemnity Company failed to interpret and apply
policy terms in good faith by attempting to take technical
advantage of policy clauses to deny available underinsured
Law Offices of Thomas J. Keramidas, LLC
70 Howard Street
New London, Connecticut 06320
Tel. (860) 447-0033 ♦ Fax (860) 447-3233
Juris Number 102692
insurance coverages when it knew it had no sound legal
basis to do so;
l. National Indemnity Company knowingly misrepresented
insurance policy provisions relating to coverage in violation
of Connecticut General Statute §38a-316(6)(A);
m. National Indemnity Company did not attempt, in good faith,
to effectuate prompt, fair and equitable settlement in this
matter when liability and damages are reasonably clear;
n. National Indemnity Company does not attempt, in good faith,
to effectual prompt, fair and equitable settlement of claims in
which liability has become reasonably clear in violation of
Connecticut General Statute §38a-316(6)(F);
17. The Defendant’s above multiple violations of Connecticut Unfair
Insurance Practices Act has damaged the Plaintiff.
FOURTH COUNT: (Violation of Connecticut Unfair Trade Practices Act)
1-14. Paragraphs 1-14 of the First Count are hereby incorporated as
paragraphs 1-14 of this Fourth Count as if fully set forth herein.
15. The defendant, National Indemnity Company, has engaged in unfair
and deceptive acts or practices in violation of 42-110b(a), in one or more of
the following ways:
Law Offices of Thomas J. Keramidas, LLC
70 Howard Street
New London, Connecticut 06320
Tel. (860) 447-0033 ♦ Fax (860) 447-3233
Juris Number 102692
a. National Indemnity Company has unreasonably withheld
payment to the Plaintiff under his underinsured motorist
provisions of the referenced policy;
b. National Indemnity Company has failed to act fairly and
in good faith in discharging its contractual responsibilities
owed to the Plaintiff;
c. National Indemnity Company has refused to compensate
the Plaintiff for a loss covered by the policy without
proper cause;
d. National Indemnity Company does not have a reasonable
basis for denying the Plaintiff benefits under his
underinsured provisions of the policy, but has improperly
done so;
e. National Indemnity Company has not made a timely or
reasonable investigation of the Plaintiff’s claims;
f. National Indemnity Company has purposefully delayed
resolution of the claim by claiming the matter to a jury
trial;
g. National Indemnity Company has engaged in unfair and
deceptive conduct with regard to the investigation of this
claim and the evaluation of the value of this claim;
h. In defending the Plaintiff's underinsured motorist claim,
National Indemnity Company has refused to admit
numerous factual allegations made by Plaintiff regarding
the subject accident including how it happened and who
was at fault despite knowing through its own investigation
that the Plaintiff's allegations are true;
Law Offices of Thomas J. Keramidas, LLC
70 Howard Street
New London, Connecticut 06320
Tel. (860) 447-0033 ♦ Fax (860) 447-3233
Juris Number 102692
i. In defending the Plaintiff's underinsured motorist claim,
National Indemnity Company has refused to admit
numerous factual allegations made by the Plaintiff
regarding the driver who caused the accident, including
who that driver was insured by, how much insurance he
had and the fact that such insurance has been paid,
despite knowing through its own investigation that the
Plaintiff's allegations are true;
j. National Indemnity Company's refusal to admit the
factual allegations that it knows to be true were taken
with ill will, improper motive, and reckless indifference to
the rights of the Plaintiff;
k. National Indemnity Company failed to interpret and apply
policy terms in good faith by attempting to take technical
advantage of policy clauses to deny available
underinsured insurance coverages when it knew it had
no sound legal basis to do so;
l. National Indemnity Company knowingly misrepresented
insurance policy provisions relating to coverage;
m. National Indemnity Company did not attempt, in good
faith, to effectuate prompt, fair and equitable settlement
in this matter when liability and damages are reasonably
clear;
16. The Defendant’s above multiple violations of Connecticut
Unfair Trade Practices Act has damaged the Plaintiff.
Law Offices of Thomas J. Keramidas, LLC
70 Howard Street
New London, Connecticut 06320
Tel. (860) 447-0033 ♦ Fax (860) 447-3233
Juris Number 102692
WHEREFORE, the plaintiff claims fair, just and reasonable damages.
1. Just, fair and reasonable damages;
2. Prejudgment and post-judgment interest permitted by statute
and common law; and
3. Such other and further relief as this court deems just and
proper.
THE PLAINTIFF
SEAN RICHARDSON
By:_/s/ 102692
Thomas J. Keramidas
His Attorney
Law Offices of Thomas J. Keramidas, LLC
70 Howard Street
New London, Connecticut 06320
Tel. (860) 447-0033 ♦ Fax (860) 447-3233
Juris Number 102692
DOCKET NO.: KNL-CV18-6038098-S : SUPERIOR COURT
SEAN RICHARDSON : J. D. OF NEW LONDON
VS. : AT NEW LONDON
NATIONAL INDEMNITY COMPANY : JANUARY 30, 2020
STATEMENT OF AMOUNT IN DEMAND
The undersigned, attorney for the Plaintiff in the above matter, hereby
states that the amount in demand is more than $15,000.00, exclusive of interest
and costs.
THE PLAINTIFF
SEAN RICHARDSON
By:_/s/ 102692
Thomas J. Keramidas
His Attorney
Law Offices of Thomas J. Keramidas, LLC
70 Howard Street
New London, Connecticut 06320
Tel. (860) 447-0033 ♦ Fax (860) 447-3233
Juris Number 102692
CERTIFICATION
I hereby certify that a copy of the foregoing was served in accordance with sections
10-12 through 10-17 of the Connecticut Practice Book this 30th day of January, 2020
as follows:
VIA FACSIMILE AND EMAIL
Jay F. Huntington, Esquire
Conway Stoughton LLC
641 Farmington Avenue
Hartford, CT 06105
Fax No.: 860-523-8002
Email: afreniere@conwaystoughton.com
James H. Rotondo, Esquire
Daniel J. Raccuia, Esquire
Day Pitney LLP
242 Trumbull Street
Hartford, CT 06103
Fax No.: 860-275-0343
Email: jhrotondo@daypitney.com
_/s/ 102692
Thomas J. Keramidas
Commissioner of Superior Court
Law Offices of Thomas J. Keramidas, LLC
70 Howard Street
New London, Connecticut 06320
Tel. (860) 447-0033 ♦ Fax (860) 447-3233
Juris Number 102692
Preview
DOCKET NO.: KNL-CV18-6038098-S : SUPERIOR COURT SEAN RICHARDSON : J. D. OF NEW LONDON VS. : AT NEW LONDON NATIONAL INDEMNITY COMPANY : JANUARY 30, 2020 REQUEST FOR LEAVE TO AMEND COMPLAINT The Plaintiff in the above matter respectfully requests that the Court allow the Plaintiff to amend his Complaint in accordance with the Second Amended Complaint attached hereto. THE PLAINTIFF SEAN RICHARDSON By:_/s/ 102692 Thomas J. Keramidas His Attorney Law Offices of Thomas J. Keramidas, LLC 70 Howard Street New London, Connecticut 06320 Tel. (860) 447-0033 ♦ Fax (860) 447-3233 Juris Number 102692 CERTIFICATION I hereby certify that a copy of the foregoing was served in accordance with sections 10-12 through 10-17 of the Connecticut Practice Book this 30th day of January, 2020 as follows: VIA FACSIMILE AND EMAIL Jay F. Huntington, Esquire Conway Stoughton LLC 641 Farmington Avenue Hartford, CT 06105 Fax No.: 860-523-8002 Email: afreniere@conwaystoughton.com James H. Rotondo, Esquire Daniel J. Raccuia, Esquire Day Pitney LLP 242 Trumbull Street Hartford, CT 06103 Fax No.: 860-275-0343 Email: jhrotondo@daypitney.com _/s/ 102692 Thomas J. Keramidas Commissioner of Superior Court Law Offices of Thomas J. Keramidas, LLC 70 Howard Street New London, Connecticut 06320 Tel. (860) 447-0033 ♦ Fax (860) 447-3233 Juris Number 102692 ORDER The foregoing Request For Leave To Amend Complaint having been duly heard, is hereby: GRANTED / DENIED JUDGE / Clerk Law Offices of Thomas J. Keramidas, LLC 70 Howard Street New London, Connecticut 06320 Tel. (860) 447-0033 ♦ Fax (860) 447-3233 Juris Number 102692 DOCKET NO.: KNL-CV18-6038098-S : SUPERIOR COURT SEAN RICHARDSON : J. D. OF NEW LONDON VS. : AT NEW LONDON NATIONAL INDEMNITY COMPANY : JANUARY 30, 2020 SECOND AMENDED COMPLAINT FIRST COUNT: UNDERINSURED MOTORIST ACTION 1. At all times mentioned herein, 1008 Bank Street, LLC, was a limited liability company duly formed and organized pursuant to the laws of the State of Connecticut and doing business in the State of Connecticut. 2. On or about December 12, 2015, 1008 Bank Street, LLC, owned a 2008 Harley Davidson motorcycle bearing Connecticut registration MCD-103 which was operated by their agent, servant and/or employee, the Plaintiff, Sean Richardson, north on Miner Avenue in Waterford, Connecticut. 3. On said date and time, Janet L. Dickinson owned a 2002 Mazda automobile bearing Massachusetts registration 235-PZT which she operated south on Miner Avenue in Waterford, Connecticut. 4. On said date and time, Janet L. Dickinson attempted to make a left turn in to a private drive at 41 Miner Avenue and drove the vehicle she operated into the path Law Offices of Thomas J. Keramidas, LLC 70 Howard Street New London, Connecticut 06320 Tel. (860) 447-0033 ♦ Fax (860) 447-3233 Juris Number 102692 of the vehicle operated by the Plaintiff, Sean Richardson, causing the collision, injuries and damages hereinafter stated. 5. The injuries, damages, and collision were caused by the carelessness and negligence of Janet L. Dickinson in one or more of the following ways in that: a. she attempted a left hand turn when it was not reasonably safe to do so in violation of Connecticut General Statute §14-242; b. she failed to grant the right of way at an intersection in violation of Connecticut General Statute §14-242(e); c. she operated his vehicle at a rate of speed greater than is reasonable having regard to the width, traffic and use of the roadway, the intersection of streets, and weather conditions, in violation of §14-218a of the Connecticut General Statutes; d. she failed to keep a proper and reasonable lookout for other motor vehicles upon the roadway, including the motor vehicle operated by the Plaintiff, Sean Richardson; e. she was inattentive in the operation of her motor vehicle; f. she failed to apply her breaks in time to avoid a collision with the vehicle operated by the Plaintiff, Sean Richardson, although by a proper and reasonable exercise of her faculties, she could and should have done so; g. she knew, or should have known, that she could not proceed with safety under all the circumstances then and there existing, but nevertheless, failed to halt her vehicle; Law Offices of Thomas J. Keramidas, LLC 70 Howard Street New London, Connecticut 06320 Tel. (860) 447-0033 ♦ Fax (860) 447-3233 Juris Number 102692 h. she failed to have and keep his vehicle under proper and reasonable control; and i. she failed to turn her motor vehicle so as to avoid the collision, although by a proper and reasonable exercise of her faculties, she could and should have done so. 6. As a direct result of the carelessness and negligence of Janet L. Dickinson, the Plaintiff, Sean Richardson, suffered the following: a. L4-5 disk herniation which required surgery; b. a lumbar strain and sprain; c. radiation to bilateral legs; d. past and future loss of life’s enjoyments; e. physical pain and emotional suffering; f. permanent injuries; and g. fear of future medical treatment Law Offices of Thomas J. Keramidas, LLC 70 Howard Street New London, Connecticut 06320 Tel. (860) 447-0033 ♦ Fax (860) 447-3233 Juris Number 102692 7. As a further result of the carelessness and negligence of Janet L. Dickinson, the Plaintiff, Sean Richardson, has or will suffer the following: a. Expenses for past medical treatments; 8. The Defendant, National Indemnity Company is and at all times mentioned herein, was an insurance company licensed to do and transact insurance business in this state, and to issue the policy hereinafter referred to. 9. Prior to the date of loss, and for consideration of premiums paid, the Defendant, National Indemnity Company, covered the Plaintiff, Sean Richardson, as an insured, wherein it agreed to pay all sums which an insured shall be legally entitled to recover as damages from the owner or operator of an uninsured/underinsured highway vehicle, because of bodily injuries sustained by an insured as the result of an accident relating to ownership, maintenance, and use of such uninsured/underinsured vehicle. 10. At all times hereinafter mentioned, the Plaintiff, Sean Richardson, was an insured under the terms of the National Indemnity Company policy number 70 GHS 030954. Law Offices of Thomas J. Keramidas, LLC 70 Howard Street New London, Connecticut 06320 Tel. (860) 447-0033 ♦ Fax (860) 447-3233 Juris Number 102692 11. Said National Indemnity Company policy maintained uninsured/underinsured motorist coverage. 12. On said date and time of the above described accident, Janet L. Dickinson was uninsured/underinsured and the Plaintiff, Sean Richardson, has or will exhaust her automobile liability insurance policy. 13. The Defendant, National Indemnity Company, was duly notified of the accident, of the injuries sustained, and of the claim brought, pursuant to the uninsured/underinsured motorist provisions of said policy. The Plaintiff, Sean Richardson, has complied with, and has performed all things required of him to be performed by the terms of the policy. 14. The Defendant, National Indemnity Company, has failed and/or refused to compensate the Plaintiff, Sean Richardson, fairly and adequately under the uninsured/underinsured motorist terms of the coverage and contract. Law Offices of Thomas J. Keramidas, LLC 70 Howard Street New London, Connecticut 06320 Tel. (860) 447-0033 ♦ Fax (860) 447-3233 Juris Number 102692 SECOND COUNT: (Breach of Implied Covenant of Good Faith and Fair Dealing) 1-14. Paragraphs 1-14 of the First Count are hereby incorporated as paragraphs 1-14 of this Second Count as if fully set forth herein. 15. The defendant, National Indemnity Company, acted in bad faith, and breached its implied duty of good faith and fair dealing owed to the Plaintiff, in one or more of the following manners: a. National Indemnity Company has unreasonably withheld payment to the Plaintiff under his underinsured motorist provisions of the referenced policy; b. National Indemnity Company has failed to act fairly and in good faith in discharging its contractual responsibilities owed to the Plaintiff; c. National Indemnity Company has refused to compensate the Plaintiff for a loss covered by the policy without proper cause; d. National Indemnity Company does not have a reasonable basis for denying the Plaintiff benefits under his underinsured provisions of the policy, but has improperly done so; e. National Indemnity Company has not made a timely or reasonable investigation of the Plaintiff’s claims; f. National Indemnity Company has purposefully delayed resolution of the claim by claiming the matter to a jury trial; Law Offices of Thomas J. Keramidas, LLC 70 Howard Street New London, Connecticut 06320 Tel. (860) 447-0033 ♦ Fax (860) 447-3233 Juris Number 102692 g. National Indemnity Company has engaged in unfair and deceptive conduct with regard to the investigation of this claim and the evaluation of the value of this claim; h. In defending the Plaintiff's underinsured motorist claim, National Indemnity Company has refused to admit numerous factual allegations made by Plaintiff regarding the subject accident including how it happened and who was at fault despite knowing through its own investigation that the Plaintiff's allegations are true; i. In defending the Plaintiff's underinsured motorist claim, National Indemnity Company has refused to admit numerous factual allegations made by the Plaintiff regarding the driver who caused the accident, including who that driver was insured by, how much insurance he had and the fact that such insurance has been paid, despite knowing through its own investigation that the Plaintiff's allegations are true; j. National Indemnity Company 's refusal to admit the factual allegations that it knows to be true were taken with ill will, improper motive, and reckless indifference to the rights of the Plaintiff; k. National Indemnity Company a failed to interpret and apply policy terms in good faith by attempting to take technical advantage of policy clauses to deny available underinsured insurance coverages when it knew it had no sound legal basis to do so; l. National Indemnity Company knowingly misrepresented insurance policy provisions relating to coverage in violation of Connecticut General Statute §38a-316(6)(A); Law Offices of Thomas J. Keramidas, LLC 70 Howard Street New London, Connecticut 06320 Tel. (860) 447-0033 ♦ Fax (860) 447-3233 Juris Number 102692 m. National Indemnity Company did not attempt, in good faith, to effectuate prompt, fair and equitable settlement in this matter when liability and damages are reasonably clear; n. National Indemnity Company does not attempt, in good faith, to effectual prompt, fair and equitable settlement of claims in which liability has become reasonably clear in violation of Connecticut General Statute §38a-316(6)(F); 16. National Indemnity Company 's actions set forth above constitute an intentional and wanton violation of the rights of the Plaintiff and a bad faith denial of the Plaintiff's benefit of the bargain of the contract at issue and a breach of the implied contractual covenant of good faith and fair dealings. 17. As a result of the foregoing acts of the Defendant, National Indemnity Company, the Plaintiff has been harmed. 18. The Plaintiff has been damaged by National Indemnity Company’s breach of its duty to act in good faith and deal fairly with its insured Plaintiff. THIRD COUNT: (Violation of Connecticut’s Unfair Insurance Practices Act) 1-14. Paragraphs 1-14 of the First Count are hereby incorporated as paragraphs 1-14 of this Third Count as if fully set forth herein. Law Offices of Thomas J. Keramidas, LLC 70 Howard Street New London, Connecticut 06320 Tel. (860) 447-0033 ♦ Fax (860) 447-3233 Juris Number 102692 15. The Defendant has engaged in unfair claims settlement practices in violation of 38a-816(6) with such frequency as to indicate a general business practice in one or more of the following ways: a. Forcing their insured to institute litigation in order to recover amounts due, by offering substantially less than the amount ultimately recovered; b. By delaying the litigation resolution of a claim by claiming all cases for jury trial; c. By not attempting in good faith to effectuate prompt, fair and equitable settlements in which liability is clear; 16. National Indemnity Company has also engaged in unfair and deceptive acts or practices in violation of 38a-815, in one or more of the following ways: a. National Indemnity Company has unreasonably withheld payment to the Plaintiff under his underinsured motorist provisions of the referenced policy; b. National Indemnity Company has failed to act fairly and in good faith in discharging its contractual responsibilities owed to the Plaintiff; c. National Indemnity Company has refused to compensate the Plaintiff for a loss covered by the policy without proper cause; d. National Indemnity Company does not have a reasonable basis for denying the Plaintiff benefits under his Law Offices of Thomas J. Keramidas, LLC 70 Howard Street New London, Connecticut 06320 Tel. (860) 447-0033 ♦ Fax (860) 447-3233 Juris Number 102692 underinsured provisions of the policy, but has improperly done so; e. National Indemnity Company has not made a timely or reasonable investigation of the Plaintiff’s claims; f. National Indemnity Company has purposefully delayed resolution of the claim by claiming the matter to a jury trial; g. National Indemnity Company has engaged in unfair and deceptive conduct with regard to the investigation of this claim and the evaluation of the value of this claim; h. In defending the Plaintiff's underinsured motorist claim, National Indemnity Company has refused to admit numerous factual allegations made by Plaintiff regarding the subject accident including how it happened and who was at fault despite knowing through its own investigation that the Plaintiff's allegations are true; i. In defending the Plaintiff's underinsured motorist claim, National Indemnity Company has refused to admit numerous factual allegations made by the Plaintiff regarding the driver who caused the accident, including who that driver was insured by, how much insurance he had and the fact that such insurance has been paid, despite knowing through its own investigation that the Plaintiff's allegations are true; j. National Indemnity Company's refusal to admit the factual allegations that it knows to be true were taken with ill will, improper motive, and reckless indifference to the rights of the Plaintiff; k. National Indemnity Company failed to interpret and apply policy terms in good faith by attempting to take technical advantage of policy clauses to deny available underinsured Law Offices of Thomas J. Keramidas, LLC 70 Howard Street New London, Connecticut 06320 Tel. (860) 447-0033 ♦ Fax (860) 447-3233 Juris Number 102692 insurance coverages when it knew it had no sound legal basis to do so; l. National Indemnity Company knowingly misrepresented insurance policy provisions relating to coverage in violation of Connecticut General Statute §38a-316(6)(A); m. National Indemnity Company did not attempt, in good faith, to effectuate prompt, fair and equitable settlement in this matter when liability and damages are reasonably clear; n. National Indemnity Company does not attempt, in good faith, to effectual prompt, fair and equitable settlement of claims in which liability has become reasonably clear in violation of Connecticut General Statute §38a-316(6)(F); 17. The Defendant’s above multiple violations of Connecticut Unfair Insurance Practices Act has damaged the Plaintiff. FOURTH COUNT: (Violation of Connecticut Unfair Trade Practices Act) 1-14. Paragraphs 1-14 of the First Count are hereby incorporated as paragraphs 1-14 of this Fourth Count as if fully set forth herein. 15. The defendant, National Indemnity Company, has engaged in unfair and deceptive acts or practices in violation of 42-110b(a), in one or more of the following ways: Law Offices of Thomas J. Keramidas, LLC 70 Howard Street New London, Connecticut 06320 Tel. (860) 447-0033 ♦ Fax (860) 447-3233 Juris Number 102692 a. National Indemnity Company has unreasonably withheld payment to the Plaintiff under his underinsured motorist provisions of the referenced policy; b. National Indemnity Company has failed to act fairly and in good faith in discharging its contractual responsibilities owed to the Plaintiff; c. National Indemnity Company has refused to compensate the Plaintiff for a loss covered by the policy without proper cause; d. National Indemnity Company does not have a reasonable basis for denying the Plaintiff benefits under his underinsured provisions of the policy, but has improperly done so; e. National Indemnity Company has not made a timely or reasonable investigation of the Plaintiff’s claims; f. National Indemnity Company has purposefully delayed resolution of the claim by claiming the matter to a jury trial; g. National Indemnity Company has engaged in unfair and deceptive conduct with regard to the investigation of this claim and the evaluation of the value of this claim; h. In defending the Plaintiff's underinsured motorist claim, National Indemnity Company has refused to admit numerous factual allegations made by Plaintiff regarding the subject accident including how it happened and who was at fault despite knowing through its own investigation that the Plaintiff's allegations are true; Law Offices of Thomas J. Keramidas, LLC 70 Howard Street New London, Connecticut 06320 Tel. (860) 447-0033 ♦ Fax (860) 447-3233 Juris Number 102692 i. In defending the Plaintiff's underinsured motorist claim, National Indemnity Company has refused to admit numerous factual allegations made by the Plaintiff regarding the driver who caused the accident, including who that driver was insured by, how much insurance he had and the fact that such insurance has been paid, despite knowing through its own investigation that the Plaintiff's allegations are true; j. National Indemnity Company's refusal to admit the factual allegations that it knows to be true were taken with ill will, improper motive, and reckless indifference to the rights of the Plaintiff; k. National Indemnity Company failed to interpret and apply policy terms in good faith by attempting to take technical advantage of policy clauses to deny available underinsured insurance coverages when it knew it had no sound legal basis to do so; l. National Indemnity Company knowingly misrepresented insurance policy provisions relating to coverage; m. National Indemnity Company did not attempt, in good faith, to effectuate prompt, fair and equitable settlement in this matter when liability and damages are reasonably clear; 16. The Defendant’s above multiple violations of Connecticut Unfair Trade Practices Act has damaged the Plaintiff. Law Offices of Thomas J. Keramidas, LLC 70 Howard Street New London, Connecticut 06320 Tel. (860) 447-0033 ♦ Fax (860) 447-3233 Juris Number 102692 WHEREFORE, the plaintiff claims fair, just and reasonable damages. 1. Just, fair and reasonable damages; 2. Prejudgment and post-judgment interest permitted by statute and common law; and 3. Such other and further relief as this court deems just and proper. THE PLAINTIFF SEAN RICHARDSON By:_/s/ 102692 Thomas J. Keramidas His Attorney Law Offices of Thomas J. Keramidas, LLC 70 Howard Street New London, Connecticut 06320 Tel. (860) 447-0033 ♦ Fax (860) 447-3233 Juris Number 102692 DOCKET NO.: KNL-CV18-6038098-S : SUPERIOR COURT SEAN RICHARDSON : J. D. OF NEW LONDON VS. : AT NEW LONDON NATIONAL INDEMNITY COMPANY : JANUARY 30, 2020 STATEMENT OF AMOUNT IN DEMAND The undersigned, attorney for the Plaintiff in the above matter, hereby states that the amount in demand is more than $15,000.00, exclusive of interest and costs. THE PLAINTIFF SEAN RICHARDSON By:_/s/ 102692 Thomas J. Keramidas His Attorney Law Offices of Thomas J. Keramidas, LLC 70 Howard Street New London, Connecticut 06320 Tel. (860) 447-0033 ♦ Fax (860) 447-3233 Juris Number 102692 CERTIFICATION I hereby certify that a copy of the foregoing was served in accordance with sections 10-12 through 10-17 of the Connecticut Practice Book this 30th day of January, 2020 as follows: VIA FACSIMILE AND EMAIL Jay F. Huntington, Esquire Conway Stoughton LLC 641 Farmington Avenue Hartford, CT 06105 Fax No.: 860-523-8002 Email: afreniere@conwaystoughton.com James H. Rotondo, Esquire Daniel J. Raccuia, Esquire Day Pitney LLP 242 Trumbull Street Hartford, CT 06103 Fax No.: 860-275-0343 Email: jhrotondo@daypitney.com _/s/ 102692 Thomas J. Keramidas Commissioner of Superior Court Law Offices of Thomas J. Keramidas, LLC 70 Howard Street New London, Connecticut 06320 Tel. (860) 447-0033 ♦ Fax (860) 447-3233 Juris Number 102692