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Laws-info.com » Cases » Connecticut » Appellate Court » 2000 » Jack A. Halprin, Inc. v. Hermitage Ins. Co.
Jack A. Halprin, Inc. v. Hermitage Ins. Co.
State: Connecticut
Court: Court of Appeals
Docket No: AC19196
Case Date: 07/04/2000
Preview:****************************************************** The ``officially released'' date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the ``officially released'' date appearing in the opinion. In no event will any such motions be accepted before the ``officially released'' date. All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest print version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears on the Commission on Official Legal Publications Electronic Bulletin Board Service and in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ****************************************************** JACK A. HALPRIN, INC. v. HERMITAGE INSURANCE COMPANY (AC 19196)
O'Connell, C. J., and Hennessy and Zarella, Js.1 Argued February 22--officially released July 4, 2000 Counsel

John J. Resnik, with whom, on the brief, was Emily Resnik Conn, for the appellant (plaintiff). Jeff Gold, with whom was Robert P. Pagano, for the appellee (defendant).
Opinion

HENNESSY, J. The plaintiff, Jack A. Halprin, Inc., appeals from the judgment of the trial court denying his claim for recovery for property damage under an insurance policy written by the defendant, Hermitage Insurance Company. The plaintiff claims that the court improperly (1) determined that an endorsement to the insurance policy did not create an exception to the general exclusions section of the policy and (2) failed to find that the insured had changed the size of the building where the damage occurred.2 We disagree.

The court had before it the following facts. The plaintiff leased a building it owned in New Haven to Patrick Reilly and Golden Keys, Inc., doing business as Copa Cabana, a nightclub. The lessees, without permission from the plaintiff, removed a portion of the roof of the building, resulting in property damage that the plaintiff had to repair. The plaintiff sued the lessees and obtained a judgment in the amount of $102,783, which remains unsatisfied. Pursuant to General Statutes
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