Delahunty v. Massachusetts Mutual Life Insurance Co.

674 A.2d 1290 (1996)

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Delahunty v. Massachusetts Mutual Life Insurance Co.

Connecticut Supreme Court
674 A.2d 1290 (1996)

  • Written by Jody Stuart, JD

Facts

In 1988 Karen Delahunty (plaintiff) initiated an action against Patrick Delahunty (defendant) to dissolve their marriage. In 1989 Karen learned that in 1987 Patrick had forged her signature to cancel a life-insurance policy owned by Karen and obtain the policy’s surrender value. Karen made a claim for the insurance-policy proceeds in the dissolution action and submitted evidence, asserting that Patrick had committed fraud. In 1990 the marriage was dissolved, and the marital estate was divided based on all the evidence. In 1992 Karen brought an action in trial court against Patrick for fraudulent conduct in connection with the insurance policy. Patrick asserted that the action was barred by the doctrine of res judicata, arguing that Karen had claimed ownership of the insurance-policy proceeds, and offered evidence, during the dissolution action. Patrick moved for summary judgment. The trial court concluded that the tort action was barred by the doctrine of res judicata and granted summary judgment. Karen appealed.

Rule of Law

Issue

Holding and Reasoning (Katz, J.)

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