March 5, 2007

Judge dismisses alleged arsonist’s claim of emotional distress

By Karen Florin

Publication: theday.com

Published 06/14/2011 12:00 AMUpdated 06/14/2011 06:02 PM

A Superior Court judge has dismissed a lawsuit in which Richard J. Shenkman claimed the Central Mutual

Insurance Co. caused him emotional distress by failing to objectively evaluate the damages done to a Niantic home that Shenkman is accused of torching on March 5, 2007.

Shenkman allegedly burned the house down in the midst of a bitter divorce with Nancy P. Tyler, who has rebuilt the home at 29 S. Washington Ave. and recently moved in.

Shenkman and Tyler were embroiled in a bitter divorce battle in which Shenkman allegedly burned down the Niantic home and later took Tyler hostage at his home in South Windsor and torched that home after she escaped. Shenkman is being held without bond on multiple criminal charges, including attempted murder.

In a civil lawsuit that Shenkman brought against the company that insured the Niantic house, he claimed the Central Mutual Insurance Co. caused him emotional distress by failing to evaluate the fire loss objectively and conducting its own investigation into the arson charge. A New London judge dismissed the claim, but Shenkman appealed to the state Appelate Court, which ruled he could pursue the emotional distress claim and sent the case back to Superior Court.

On May 24, New London Judge Robert A. Martin granted the insurance company’s motion for a summary judgment, writing that Shenkman himself hindered the company’s ability to investigate by refusing to speak with an arson investigator for the state.

“The evidence demonstrates that the defendant’s ability to conduct an independent investigation into the fire was limited by the plaintiff’s refusal to submit to an interview,” Martin wrote.