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Conn. Practice Book § 2-71

Eligible Claims

activein force · 1999-01-01 – presentact-effective-date

(a) A claim for reimbursement of a loss must

be based upon the dishonest conduct of an attorney who, in connection with the defalcation upon

which the claim is based, was a member of the

Connecticut bar and engaged in the practice of

law in this state.

(b) The claim shall not be eligible for reimbursement unless:

(1) the attorney was acting as an attorney or

fiduciary in the matter in which the loss arose;

(2) the attorney has died, been adjudged incapable, not competent or insane, been disbarred

or suspended from the practice of law in Connecticut, been placed on probation or inactive status

by a Connecticut court, resigned from the Con -

necticut bar, or become the judgment debtor of

the claimant with respect to such claim; and

(3) the claim is presented within four years of

the time when the claimant discovered or first

reasonably should have discovered the dishonest

acts and the resulting losses or the claim was

pending before the Connecticut Bar Association’s

client security fund committee as of the effective

date of this rule.

(c) Except as provided by subsection (d) of this

section, the following losses shall not be eligible

for reimbursement:

(1) losses incurred by spouses, children, par -

ents, grandparents, siblings, partners, associates

and employees of the attorney causing the losses;

(2) losses covered by any bond, surety agreement, or insurance contract to the extent covered

thereby, including any loss to which any bond -

ing agent, surety or insurer is subrogated, to the

extent of that subrogated interest;

(3) losses incurred by any financial institution

which are recoverable under a ‘‘banker’s blanket

bond’’ or similar commonly available insurance or

surety contract;

(4) losses incurred by any business entity controlled by the attorney, any person or entity

described in subdivisions (c) (1), (2), or (3) herein;

(5) losses incurred by any governmental entity

or agency.

(d) In cases of extreme hardship or special and

unusual circumstances, the client security fund

committee may, in its discretion, consider a claim

eligible for reimbursement which would otherwise

be excluded under these rules.

(e) In cases where it appears that there will

be unjust enrichment, or the claimant unreason -

ably or knowingly contributed to the loss, the client security fund committee may, in its discretion,

deny the claim.

History

(Adopted June 29, 1998, to take effect Jan. 1, 1999.)

Provenance

Source
jud.ct.gov
Retrieved
2026-09-15
Edition
2026-09-15
Content hash
b8ca8d7444c4686764fc8a0bf47815315251e26d3ccf27a0c047f378dc5a666f
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Conn. Practice Book § 2-71 — Eligible Claims · binding.law