HARTFORD, Conn. (AP) — A man charged with burning down his beachhome hours before he was supposed to give it to his estranged wifecan sue the home's insurer for emotional distress, the stateAppellate Court ruled Monday.

Richard Shenkman, 62, is also accused of kidnapping his ex-wifeand holding her hostage for hours during a police standoff twoyears later in a different home and burning that one down aswell.

In the beach home case, Shenkman alleges that Central MutualInsurance Co. decided not to cover the 2007 loss of the home inEast Lyme after wrongly concluding without an independentinvestigation that he burned it down. He is seeking an undeterminedamount of damages in a lawsuit filed in 2008 at New London SuperiorCourt.

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Shenkman, a former advertising executive, is jailed without bailon arson and other charges related to the beach home fire as wellas the 2009 standoff and fire in South Windsor. He awaits trial inboth cases.

Superior Court Judge Emmet Cosgrove was wrong to dismissShenkman's emotional distress claims last year, the Appellate Courtruled, but it also upheld Cosgrove's decision to dismiss otherallegations Shenkman made against Central Mutual, based in VanWert, Ohio.

Shenkman has the standing to allege that Central Mutual'sconduct “caused him direct harm,” Judge Lubbie Harper Jr. wrote inthe unanimous decision, which sends Shenkman's case back toSuperior Court.

Shenkman and his ex-wife, medical malpractice lawyer NancyTyler, were married in 1993. Tyler filed for divorce in 2006 and itwas finalized two years later after lengthy legal fights. Thedivorce ruling gave Tyler the East Lyme house and awarded her allthe proceeds of any insurance settlement related to the firethere.

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Shenkman's advertising firm in Bloomfield produced “The GayleKing Show,” hosted by Oprah Winfrey's best friend, and commercialsfor state government. Shenkman is the brother of Mark Shenkman,founder and president of Shenkman Capital Management, one of thenation's largest money management firms.

Though Shenkman has no stake in the East Lyme property or anyinsurance settlement related to the fire, he's suing Central Mutualon principle, said his lawyer, Benjamin Gettinger.

“He honestly believes he's entitled to monetary damages for theinsurance company's actions,” Gettinger said. “I commend theAppellate Court for making the right decision. I'm glad to see inConnecticut that we still have checks and balances in the judicialsystem even when the decision is not popular.”

It's not clear whether Central Mutual plans to appeal to thestate Supreme Court. Messages were left for the company's lawyerand spokesmen. If Monday's decision isn't appealed, discovery couldcontinue in the case as it heads for potential jury selection inNew London.

A message was also left for Tyler on Monday.

She endured a harrowing 12-hour ordeal in July 2009. Police saidShenkman kidnapped her from a Hartford street just before the pairwere due in Family Court for a hearing. Lawyers said Shenkman wasto pay Tyler $100,000 for legal fees or turn over the South Windsorhouse.

Police said Shenkman took Tyler to the South Windsor house andheld her hostage. Tyler managed to escape without serious injury,but police said Shenkman kept them at bay with claims that hebooby-trapped the house with explosives, then set the house on fireand finally surrendered as flames engulfed the home.