A federal courtroom decide has dominated that an insurance coverage firm doesn’t need to pay an East Haddam man the $257,000 insurance coverage coverage belonging to his murdered spouse though nobody has been charged in her 2018 dying.
Decide Victor Bolden lately ordered the Zurich American Life Insurance coverage Firm to put Sandra Kalosky’s insurance coverage profit into an escrow account relatively than pay it to her husband Robert Kalosky. Bolden stated for the reason that March 2018 murder is unsolved the insurance coverage firm is in an untenable place.
“If Zurich paid the advantages to Mr. Kalosky, after which Mr. Kalosky was then discovered to be disqualified, Zurich could face a declare from Ms. Kalosky’s step-son or sisters,” Bolden wrote. “Alternatively if Zurich paid the advantages to Ms. Kalosky’s step-son or sisters, and the homicide subsequently was solved in a fashion that made it extra possible then not Mr. Kalosky wasn’t the assassin, Zurich would face a declare from Mr. Kalosky."
Sandra Kalosky, 56, was discovered crushed to dying in her residence on North Moodus Street on March 23, 2018. State police have stated little about her dying aside from that she died of blunt trauma to the top and her dying has been dominated a murder. Nobody has been arrested.
Robert Kalosky, who's 67, filed a declare for his spouse’s life insurance coverage profit 5 days after the homicide. He's listed as the only real beneficiary of her coverage, which was taken out in 2011.
Fairly than pay the declare the insurance coverage firm filed a federal lawsuit a 12 months after her homicide as a result of it didn’t wish to pay the husband in case he was ever charged together with her homicide. Sandra was Kalosky’s second spouse to die underneath suspicious circumstances.
Kalosky has not responded to the lawsuit and has ignored a number of courtroom dates. Bolden has granted a default movement in opposition to Kalosky for failing to reply to the lawsuit. Kalosky hasn’t commented on his spouse’s dying aside from a now-removed Fb publish that thanked his “actual mates” for standing by him following the homicide.
Bolden has ordered Zurich to show the cash over to the U.S. District Courtroom Clerk to be put into an escrow account till or whether it is ever decided who killed Sandra Kalosky and who the beneficiary must be. The corporate’s legal professional’s made it clear it didn’t wish to pay Kalosky within the preliminary submitting.
“Inasmuch because the murder dying of the deceased stays open and unsolved, [Zurich] can't decide whether or not a courtroom would discover that Robert Kalosky is and/or could also be disqualified from receiving the plan advantages primarily based on federal frequent regulation and/or Connecticut state regulation that prohibits a person from receiving funds if that particular person is convicted within the dying of the deceased,” stated Regen O’Malley, a lawyer for [Zurich], in a courtroom submitting.
If a federal decide have been to ultimately rule that Robert Kalosky isn’t eligible to obtain the dying profit then both his son, Phillip T. Kalosky, or Sandra Kalosky’s surviving sisters, Barbara Kaluza or Janet Guerrini, might be beneficiaries.
Sandra Kalosky is the second spouse of Robert Kalosky’s who has died underneath violent circumstances in the identical home.
Practically twenty years in the past, Paula Kalosky was discovered with a single gunshot wound to the top in the identical residence. The dying was initially dominated a suicide however modified to "undetermined, " in 2004. Robert Kalosky has not been charged nor named as a suspect in both dying.
The change within the 2004 case got here after John Carbo, Paula Kalosky’s brother, filed a wrongful dying lawsuit in opposition to Robert Kalosky.
The lawsuit was settled for about $95,000 simply earlier than proof was to begin earlier than a jury. Nearly all of the settlement, $53,000, was positioned into a school fund for the couple’s son, who ultimately went to Johnson & Wales College.
In accordance with the wrongful-death lawsuit, the 2 girls knew one another and Sandra divorced her husband and moved in with Robert Kalosky a couple of 12 months after Paula Kalosky’s dying.
In his assertion to state police after Paula Kalosky's physique was discovered, a replica of which is in Carbo's possession, Robert Kalosky stated he did not hear any gunshots that morning. He advised police he left the home and went to withdraw cash from an ATM and to get fuel. After coming residence and beginning breakfast, he went to verify on his spouse and located her useless along with his gun subsequent to her.
Robert Kalosky stated he referred to as 911, then moved the gun on the behest of the dispatcher earlier than going outdoors to attend for emergency personnel. Kalosky advised police that Paula had been upset by the dying of her mom from most cancers about 5 months earlier.
Carbo stated his sister, who labored for a Hartford insurance coverage firm, was about to graduate from the College of Hartford and had picked out her commencement robe just a few days earlier than her dying.
After the suicide ruling, the household employed Michael Malchick, a former state police detective, to evaluate the case. The state police reopened the case and the style of dying was modified to "undetermined, " in line with the wrongful dying swimsuit and medical expert’s workplace.
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