Continental Casualty Company v. Welch, No. 391450 (Apr. 20, 1992)
Opinion of the Court
Each party has moved for summary judgment claiming there is no genuine issue of fact.
The defendants have alleged in their third special defense waiver and estoppel on the part of the plaintiff.
"Any claim of estoppel is predicated on proof of two essential elements: the party against whom estoppel is claimed must do or say something calculated or intended to induce another party to believe that certain facts exist and to act on that belief, and the other party must change its position in reliance on those facts, thereby incurring some injury . . It is the burden of the party asserting a claim of estoppel to establish the existence of the elements essential to an estoppel; . . ., and whether that burden has been satisfied in a particular case is an issue of fact." Middlesex Mutual Assurance Co. v. Walsh,
As much as the parties would prefer to have this matter concluded on an issue of law, it seems clear that a material question of fact exits as to whether the elements of estoppel have been met. Accordingly, both motions for summary judgment are denied.
WAGNER, J. CT Page 3651
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