DE FACTO PARTNERSHIP AFFIRMED
Implied In Fact Contract Can Only Exist However Where There Is No Express One
Post number 5311
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In Ronald Daigneault v. Danielle Kolashuk et al., No. AC 47259, Court of Appeals of Connecticut (March 24, 2026) Daigneault, owned and operated an auto repair business for approximately twenty-eight years. During this period, he and his daughter, the defendant D (Danielle Kolashuk), jointly operated the business. D’s husband owned Auto Magic, LLC (“A Co.”), which periodically stored towed vehicles on the business property. Disputes arose regarding the nature of the business relationship between the plaintiff and D, the use of business accounts, and payment for vehicle storage.
FACTUAL BACKGROUND
Ronald The plaintiff initiated an action seeking damages for, among other things, statutory theft and breach of fiduciary duty. Danielle, according to the trial court, “used the Superior Auto accounts as her own piggy bank . . . .”
The trial court, however, found that she, “as a joint holder of those accounts and her father’s de facto partner, and knowing that her father did so . . . reasonably believed that she, too, had the right to do so . . . .”
LEGAL ISSUES
The case involved claims of statutory theft under Connecticut law and breach of fiduciary duty. The trial court was required to determine whether a de facto partnership existed between the plaintiff and D, and to resolve issues relating to joint account ownership and alleged oral agreements for vehicle storage.
1. Whether the trial court properly found the existence of a de facto partnership between the plaintiff and D.
2. Whether the trial court erred in concluding that joint account holders are joint owners of the account.
3. Whether there was an enforceable oral agreement requiring A Co. to pay for storage of vehicles on the business property.
Whether the trial court’s findings justified judgment for the defendants on the plaintiff’s claims for statutory theft and breach of fiduciary duty.
DISCUSSION
On appeal, the plaintiff challenged the trial court’s finding of a de facto partnership, arguing that the evidence did not support such a conclusion. The appellate court reviewed the record and found ample support for the trial court’s determination that a partnership existed, noting the lengthy joint operation of the business and the conduct of the parties. The court emphasized that the finding was not clearly erroneous.
With respect to implied in fact contracts, the courts have recognized that whether a contract is styled express or implied involves no difference in legal effect but lies merely in the mode of manifesting assent. A true implied in fact contract can only exist however where there is no express one. It is one which is inferred from the conduct of the parties though not expressed in words.
The judgment was affirmed. Ultimately, the appellate court affirmed the trial court’s judgment for the defendants on the plaintiff’s claims, as well as the judgment for the named defendant on the counterclaim. The court’s analysis rested on the sufficiency of the evidence supporting the existence of a de facto partnership and the procedural inadequacy of the plaintiff’s briefing on other issues.
ZALMA OPINION
When I was young my father tried to teach me that it was important to support the family. He tried, and failed with regard to one family member who insulted him, but otherwise always supported family. The litigation and relationships in this case teaches what happens when families don’t support each other only to have a court find an implied partnership that resolved the dispute without either party being happy.
(c) 2026 Barry Zalma & ClaimSchool, Inc.
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Arrest for Insurance Fraud is not a Violation of Constitutional Rights
Court Give Plaintiffs Acting as their Own Lawyer a Second Chance
Post number 5310
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In Arin Sutton et al v. Lori Pozuelos et al., No. 5:25-cv-03544-MRA-MAR, United States District Court, C.D. California (March 20, 2026) Plaintiffs Darin Sutton and Youtha Baker, proceeding pro se and in forma pauperis, initiated a civil rights action under 42 U.S.C. § 1983 against multiple defendants, including Lori Pozuelos, in the United States District Court for the Central District of California.
FACTUAL BACKGROUND
Plaintiffs allege violations of their constitutional rights, though the complaint’s factual allegations are stated in general terms and lack specific detail as to the actions of each defendant.
Plaintiffs are independent contractors who completed work in Missouri. ...
Suit Against Police Agency Dismissed
Post number 5309
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Conclusory Allegations, Unwarranted Deductions Of Facts Or Legal Conclusions Masquerading As Facts Will Not Prevent Dismissal.
In Hunter Seaborn Mackenzie Black v. Robert J. Perrault, Jr. and The Florida Department Of Financial Services, No. 8:25-cv-01466-WFJ-CPT, United States District Court, M.D. Florida, Tampa Division (March 19, 2026) Defendant Florida Department of Financial Services' (“DFS”) moved to Dismiss Count II of the Amended Complaint.. Plaintiff Hunter Seaborn Mackenzie Black (“Black”) has responded in opposition.
BACKGROUND
Plaintiff Hunter Seaborn Mackenzie Black was an independent salesman for a licensed roofing contractor, conducting door-to-door roofing sales in Florida. Defendant Florida Department of Financial Services ...
Fraudsters Fight Over Ownership of the Subject of Their Fraud
Post number 5308
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Convicted Fraudsters Try to Cheat Each Other
After failing to defraud insurers about the loss of a diamond ring the two admitted fraudsters sought possession of the seized ring which was neither lost nor stolen but was seized by the state.
In State Of North Carolina v. Kevin Ray Reece and Debra Lee Goldman, No. COA25-569, Court of Appeals of North Carolina (March 18, 2026) two fraudsters disputed the ownership of a platinum-banded diamond ring seized during a criminal investigation as the subject of Insurance Fraud.
FACTUAL BACKGROUND
Kevin Ray Reece pleaded guilty to two counts of felony obstruction of justice related to the ring and requested its return...
Insurance Condition Requires Following the Intent of the Parties
Post number 5307
Principles of Contract Interpretation Compels Reading Contract as Written
Read the full article at https://www.linkedin.com/pulse/portable-storage-containers-buildings-barry-zalma-esq-cfe-fkg1c and at https://zalma.com/blog.
In Eastside Floor Supplies, Ltd. v. SCS Agency, Inc., Hanover Insurance Company, et al., No. 2024-01501, Index No. 609883/19, 2026 NY Slip Op 01488, Supreme Court of New York, Second Department (March 18, 2026)
In May 2019, a fire damaged business personal property belonging to the plaintiffs, which was stored in portable storage containers at their Manhattan premises. At the time of the fire, the plaintiffs were insured under a businessowners insurance policy (BOP) issued by the defendant Hanover Insurance Company which provided general coverage for business personal property, and which included a specific extension for “Business Personal Property Temporarily in Portable Storage Units” (the portable storage ...
Insurance Condition Requires Following the Intent of the Parties
Post number 5307
Principles of Contract Interpretation Compels Reading Contract as Written
Read the full article at https://www.linkedin.com/pulse/portable-storage-containers-buildings-barry-zalma-esq-cfe-fkg1c and at https://zalma.com/blog.
In Eastside Floor Supplies, Ltd. v. SCS Agency, Inc., Hanover Insurance Company, et al., No. 2024-01501, Index No. 609883/19, 2026 NY Slip Op 01488, Supreme Court of New York, Second Department (March 18, 2026)
In May 2019, a fire damaged business personal property belonging to the plaintiffs, which was stored in portable storage containers at their Manhattan premises. At the time of the fire, the plaintiffs were insured under a businessowners insurance policy (BOP) issued by the defendant Hanover Insurance Company which provided general coverage for business personal property, and which included a specific extension for “Business Personal Property Temporarily in Portable Storage Units” (the portable storage ...
ERISA Saves Fraudulent Claims Suit
Post number 5306
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Allegations of Fraudulent Insurance Billing Must be Pleaded with Specificity
In Genesis Laboratory Management LLC v. United Healthcare Services, Inc. and Oxford Health Plans, Inc., No. 21cv12057 (EP) (JSA), United States District Court, D. New Jersey (March 13, 2026) Genesis Laboratory Management LLC (“Genesis”), a New Jersey-based molecular diagnostic and anatomic pathology laboratory, provided COVID-19 related testing services and submitted claims for reimbursement as an out-of-network provider to United Healthcare Services, Inc. (“United”) and Oxford Health Insurance, Inc. (“Oxford”). Metropolitan Healthcare Billing, LLC (“Metropolitan”), owned by the same individual as Genesis, handled the billing for Genesis.
FACTUAL BACKGROUND
United and Oxford, who administer both ERISA and ...
