Partners Stephen Brown (Stamford, CT | Hartford, CT) and Thomas Quinn (Florham Park, NJ) and associate Colleen Vellturo (Stamford, CT) obtained judgment in favor of our insurer-client in a suit brought by its own insured in Connecticut Superior Court, Judicial District of Stamford. The plaintiff sued her neighbor for water damage to her property, and then brought a multi-count direct action against her insurer. The plaintiff was dissatisfied with the manner in which the insurer provided defense to her neighbor for the water damage lawsuit under their homeowner’s policy, in light of the fact that plaintiff herself held a homeowner’s policy with that same insurer. The plaintiff pursued four counts at various stages of the pleadings: Breach of Contract, Breach of Fiduciary Duty, Breach of the Covenant of Good Faith and Fair Dealing, and Nuisance. In response to Steve, Tom and Colleen’s arguments, the court held (twice) that the plaintiff had failed to plead the necessary elements to establish a fiduciary duty was owed to her. For this reason, the second amended complaint was struck with prejudice, precluding plaintiff from again pursuing a claim for Breach of Fiduciary Duty. Steve, Tom and Colleen were successful in their motions to strike two amended complaints, opposing a late-stage attempt by the plaintiff to add a new cause of action, and obtaining a final judgment in favor of the firm’s client.