CT INSURANCE LAW – Superior Court holds that an alleged inadequate offer to settle UM claim can provide a basis for CUIPA liability

2014-04-16 | Joseph M. Busher
jmbusher@jacksonokeefe.com

Category: Appellate Lawyers

Joseph M. Busher

The Superior Court grants a motion to strike a bad faith claim but denies the motion to strike as to a claim pursuant to the Connecticut Unfair Insurances Practices Act where it was alleged that the plaintiff had undergone arthroscopic surgery and had medical expenses in excess of $25,000.00, as well as an inability to work and lost wages but where the insurer offered to settle for $12,500.00 where the UM limit was $100,000.00.  The insurer has requested a medical authorization to obtain medical records, and the plaintiff apparently refused to provide that.  The Court strikes a count for bad faith based on an allegation of an intentional refusal to negotiate since there was no allegation to support a claim of dishonest motive or moral obliquity;  however, the Court allows the CUIPA claim to stand based upon allegations that the insurer failed to effectuate a fair, prompt and equitable settlement and did not provide a reasonable explanation of the basis in the insurance policy for the denial of the plaintiff’s claims.  Canino v. Peerless Ins. Co.,  CV 13-6043986-S (Huddleston, J.)(Jan. 15, 2014)


At Jackson O’Keefe, we take an active approach before claims occur, and provide a strategic, cost-effective approach to claims that do occur, including a vigorous trial defense when needed. We are active participants in the CLM Alliance, and employ insurance-defense best practices in our representation, seeking quick resolutions and cost-effective outcomes, to minimize total cost.
 
Jackson O’Keefe has been practicing in the insurance defense field since the 1950s. The firm was co-founded by a former Insurance Commissioner for the State of Connecticut.  The firm is pleased to have received the highest Martindale-Hubbell rating of “AV.”  It is also recognized in the Bar Register of Preeminent Attorneys.  Additionally, several of our partners have been peer-reviewed by Thomson Reuters as “Super Lawyers” qualifying as among the top five percent of practicing attorneys in Connecticut.

The firm brings the same best-practice, cost-effective, proactive and strategic approach to insurance coverage matters, focusing on the total cost as well as what the law requires.  We provide pragmatic advice, coverage analysis and opinions and we represent companies in litigation concerning coverage issues. The firm provides coverage counsel on a broad range of insurance policies, including CGL, underinsured motorist, homeowners and excess policies. Jackson O’Keefe also advises clients on extra-contractual claims.

Contact us now to discuss your insurance issue at 860 278 4040

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