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FISHMAN v. MIDDLESEX MUTUAL ASSURANCE CO.

(2218)

4 Conn. App. 339 (1985)

CLAIRE FISHMAN v. MIDDLESEX MUTUAL ASSURANCE COMPANY

Appellate Court of Connecticut.

Decision released June 25, 1985.

Upon reconsideration affirmed August 6, 1985.

Attorney(s) appearing for the Case

Bruce L. Levin, with whom, on the brief, was Serge G. Mihaly, for the appellant-appellee (defendant).

Leo Gold, with whom, on the brief, was Isadore M. Mackler, for the appellee-appellant (plaintiff).

DUPONT, C.P.J., HULL and BORDEN, JS.

BORDEN, J.

In this case, we are called upon to interpret General Statutes § 52-410, which provides a judicial mechanism for a party to an arbitration agreement to compel the other party to proceed with arbitration. We are also called upon, ultimately, to decide whether the truncated procedure provided by that statute violates our constitutional principle of the separation of powers.

The plaintiff is the insured under a homeowner's policy issued by the...

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