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3.16-2  Fraud or Intentional Misrepresentation

Revised to June 24, 2011

The plaintiff claims that the defendant committed fraud when (he/she/it) <insert relevant facts>. First, the plaintiff must prove that the defendant made a false representation as a statement of fact. Second, the plaintiff must prove that the statement was untrue and known to be untrue by the defendant or that the defendant made the statement with reckless disregard for the truth of the matter. Third, the plaintiff must prove that the defendant made the statement to induce the plaintiff to act on it. Fourth, the plaintiff must prove that the plaintiff did act on the statement to (his/her/its) injury. The plaintiff must prove the first three elements by clear and convincing evidence and the fourth element by a preponderance of the evidence.1


1 If the charge is for an insurer's special defense of concealment or misrepresentation, the burden of proof is preponderance of the evidence for all four elements. Rego v. Connecticut Ins. Placement Facility, 219 Conn. 339, 345-47 (1991).


Updike, Kelly & Spellacy, P.C. v. Beckett, 269 Conn. 613, 643 (2004); Barbara Weisman, Trustee v. Kaspar, 233 Conn. 531, 539-40 (1995); Kilduff v. Adams, Inc., 219 Conn. 314, 326-30 (1991).


The court needs to explain that the standard of proof is higher than the preponderance of the evidence standard. See Clear and Convincing Evidence, Instruction 3.2-2.

If the alleged fraud is based on an omission to state a material fact when the defendant has a duty to speak, the instruction needs to be revised.


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