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Macomber v. Travelers Property and Casualty Corp.9/3/2002
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''Before addressing the merits of the [plaintiffs'] claim, we set forth the standard of review applicable to an appeal challenging the trial court's granting of a motion to strike. A motion to strike challenges the legal sufficiency of a pleading, and, consequently, requires no factual findings by the trial court. As a result, our review of the court's ruling is plenary. . . . We take the facts to be those alleged in the complaint that has been stricken and we construe the complaint in the manner most favorable to sustaining its legal sufficiency. . . . Thus, f facts provable in the complaint would support a cause of action, the motion to strike must be denied.'' (Citations omitted; internal quotation marks omitted.) Vacco v. Microsoft Corp., 260 Conn. 59, 64-65, 793 A.2d 1048 (2002). Thus, we assume the truth of both the specific factual allegations and any facts fairly provable thereunder. In doing so, moreover, we read the allegations broadly, rather than narrowly. Parsons v. United Technologies Corp., 243 Conn. 66, 83, 700 A.2d 655 (1997).
Applying this broad, flexible, and permissive standard to the plaintiffs' complaint, we conclude that the complaint sufficiently alleged a legally cognizable loss. Specifically, the complaint, broadly construed, would, as the plaintiffs suggested in oral argument before this court, permit proof that, had the true facts been as the defendants represented them to be, the plaintiffs would have been able to negotiate structured settlements that: (1) cost and were therefore worth, more than were in fact negotiated; and (2) would have produced income streams greater than were in fact negotiated. In addition, the complaint would also permit proof that, as a result of the defendants' alleged misrepresentation of both the cost and value of the structured settlements, the plaintiffs paid their attorneys more than they would have, had they known the true cost and value of their annuities.
Construing the plaintiffs' complaint in the most favorable light, we read the allegations contained therein as permitting proof of the following facts. The first step in the settlement negotiations between Travelers Casualty and each of the plaintiffs was to agree upon a gross amount by which to satisfy their respective claims. Second, the plaintiffs agreed to have those amounts paid out to them in the form of structured settlements. As part of the structured settlements, both plaintiffs agreed to have portions of the amounts owed them invested in annuities. In entering into these agreements, the plaintiffs believed, based upon Travelers Casualty's representations, that the amount that Travelers Casualty would spend to purchase their annuities--in other words, the ''cost'' of the annuity to Travelers Casualty-was the same amount that the plaintiffs agreed to have Travelers Casualty place in an annuity for them.
For example, when Huaman settled with Travelers Casualty, she first obtained an agreement that Travelers Casualty would contribute the full policy amount to the settlement, namely, $10,000. Huaman then calculated her attorneys' fees, totaling $3333, which were contingent upon the total settlement. With the amount remaining, $6667, Huaman accepted a structured settlement in the form of an annuity, as alleged by Huaman, ''that was represented to be of a value and cost of $6667''; (emphasis added); which would provide her with four annual payments, beginning on January 21, 2005, totaling $14,000.
Similarly, after Macomber agreed to settle her claim for $85,000--the amount from which she calculated her attorneys' fees--she agreed to accept $70,000 in cash and to have Travelers Casualty fund an annuity ''with an estimated present value'' of $15,000,
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