Robert Rome v. Utica First Insurance (2011)

MEMORANDUM OF DECISION ON MOTION TO STRIKE THIRD COUNT

Motion is granted to strike the third count of the plaintiffs' complaint on the ground that it fails to allege facts supporting the plaintiffs' claim that the defendant engaged in a general business practice in connection with its allegedly unfair and deceptive denial of coverage, in violation of CUIPA/CUTPA.  General Statutes § 38a–816(6) Lees v. Middlesex Ins. Co., 229 Conn. 842, 850, 643 A.2d 1281 (1994).  Mead v. Burns, 199 Conn. 651, 659, 509 A.2d 11 (1986);  Hellberg v. Travelers Insurance Co., judicial district of Hartford CV 09–5030438 (February 24, 2010, Wagner, J.).   See Dadura v. NGM Ins. Co., Superior Court, judicial district of New Britain, Docket No., CV 10–6004690 (April 15, 2011, Swienton, J.), which describes split of authority among Connecticut trial courts on this issue.

In the present case, the plaintiffs have failed to allege that the defendant has treated other claimants unfairly in a manner constituting a “general business practice” and this failure renders the complaint insufficient.

Wagner, J., JTR

Wagner, Jerry, J.T.R.