Michel v. Hartford, 226 Conn. App. 98 (2024)

Citation: Michel v. Hartford, 226 Conn. App. 98 (2024)
Parent Document: Michel v. Hartford, 226 Conn. App. 98 (2024)
Jurisdiction: Connecticut (state)
Effective Date: 2024-06-11
Original Source: https://www.courtlistener.com/opinion/10131855/michel-v-hartford/ ↗

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The court in Matthews determined that imposing the
          burden on the defendant to raise the issue of interfer-
          ence was not only consistent with principles of statu-
          tory construction but also ‘‘comports with a logical
          operation of the statute and the Practice Book.’’ Id.,
          268. The court further noted the practical difficulties a
          plaintiff would face if he were required to prove the
          lack of a substantial and material interference, as ‘‘he
          would be forced to prove a negative, which is a difficult
          if not impossible task.’’ Id., citing Arrowood Indemnity
          Co. v. King, 304 Conn. 179, 203, 39 A.3d 712 (2012)
          (‘‘the task of proving a negative is an inherently difficult
          one’’). The court continued: ‘‘This would place the court
          in the peculiar position of requiring the plaintiff to plead
          either an extensive and exhaustive recitation of all
          events that may have involved interference or a boil-
          erplate that would not give significant factual detail and
          would likely involve a legal conclusion. In contrast, by
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