Ortego v. The Hartford Life Insurance Company

Memorandum of Law in Opposition to Defendant's Motion to Dismiss

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This is an opposition to motion to dismiss in an action filed under Connecticut's Structured Settlement Act. The issues addressed by the motion to dismiss and opposition are whether:

1) C.G.S. § 52-225f, which provides for jurisdiction in “the court in the original action was or could have been filed or the court which has jurisdiction where the applicant resides” precludes the Connecticut Superior Court from exercising jurisdiction to apply Connecticut’s Structured Settlement Act to Hartford, a Connecticut resident;

2) New York Civil Practice Law and Rule 5048 applies in the case and, even if it did, whether it addresses the right to assign, much less “expressly prohibit” the assignment of plaintiff’s periodic installments; and

3) The proposed assignment involves “life contingent” payments, and whether the law prohibits such assignments.

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Reference Info:Legal Memoranda: Motion Addressed to Pleadings | State, 2nd Circuit, Connecticut | United States


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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