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INSURANCE LITIGATION: Superior Court holds insurer’s denial of uninsured motorist benefits supported insured’s claim for breach of contract but did not support CUTPA and bad faith

INSURANCE LITIGATION: Superior Court Holds Insurer’s Denial Of Uninsured Motorist Benefits Supported Insured’s Claim For Breach Of Contract But Did Not Support CUTPA And Bad Faith

The plaintiff suffered serious injury when he was thrown from his motorcycle due to an oil slick in the road left by an unidentified vehicle.  He filed a claim for uninsured motorist coverage under his insurance policy and the insurer denied the claim, asserting that such benefits were available only in hit-and-run scenarios.  The plaintiff brought suit against the insurer for, inter alia, breach of contract, bad faith and a CUPTA violation.  The court granted the insurer’s motion to strike the bad faith and CUPTA claims, holding that the plaintiff failed to allege facts illustrating a conscious wrongdoing, dishonest purpose, or pattern of dishonest conduct.  However, the court found that the plaintiff had stated a claim for breach of contract because the plain language of the insurance policy provided for coverage in situations where there was no direct physical contact between the insured and the tortfeasor vehicle.  Robinshaw v. Foremost Insurance Co., CV17-6082231; Nov. 7, 2018.

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