`
`SUPERIOR COURT
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`ORDER 422679
`
`TAZZA, KATRIN
`
` V.
`ERICSON INSURANCE SERVICES LLC
`
`JUDICIAL DISTRICT OF LITCHFIELD
` AT TORRINGTON
`
`1/29/2020
`
`ORDER
`
`ORDER REGARDING:
`09/13/2019 108.00 MOTION TO STRIKE
`
`The foregoing, having been considered by the Court, is hereby:
`
`ORDER:
`
`The defendant has moved to strike counts one, two, and four of the plaintiff’s revised complaint.
`Subsequent to the filing of the motion, the plaintiff withdrew counts two and four. As such, the
`defendant's motion is only applicable to count one which alleges a breach of fiduciary duty.
`
`In that count, the plaintiff alleges that the defendant, who is in the business of selling insurance,
`breached its fiduciary duty to ensure that the plaintiff had adequate insurance coverage in place relative
`to a barn on the plaintiff's premises which was lost to fire.
`
`The elements of a breach of fiduciary duty claim are: “[1][t]hat a fiduciary relationship existed which
`gave rise to . . . a duty of loyalty . . . an obligation . . . to act in the best interests of the plaintiff, and . . .
`an obligation . . . to act in good faith in any matter relating to the plaintiff; [2] [t]hat the defendant
`advanced his or her own interests to the detriment of the plaintiff; [3] [t]hat the plaintiff sustained
`damages; [and] [4] [t]hat the damages were proximately caused by the fiduciary’s breach of his or her
`fiduciary duty.” (Emphasis omitted.) Rendahl v. Peluso, 173 Conn. App. 66, 100, 162 A.3d 1 (2017).
`
`Reading the revised complaint most favorably to the plaintiff reveals the she has not alleged that the
`defendant advanced its own interests to the detriment of the plaintiff. Accordingly, the defendant’s
`motion to strike count one is granted
`
`Judicial Notice (JDNO) was sent regarding this order.
`
`422679
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`Judge: DAN SHABAN
`
`This document may be signed or verified electronically and has the same validity and status as a document with a physical
`(pen-to-paper) signature. For more information, see Section I.E. of the State of Connecticut Superior Court E-Services
`Procedures and Technical Standards (https://jud.ct.gov/external/super/E-Services/e-standards.pdf), section 51-193c of the
`Connecticut General Statutes and Connecticut Practice Book Section 4-4.
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`LLICV196021315S 1/29/2020
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`Page 1 of 1
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