Reis v. Mutual of Omaha Ins. Co., No. Cv 92 01218020 S (Feb. 8, 1993)
Opinion of the Court
The plaintiff claims there were so many such acts that they amounted to a "general business practice." The defendant has moved to strike this count on the grounds that the plaintiff has failed to allege sufficient facts to establish that the defendant subscribes to unfair insurance procedures so as to rise to the required level of a "general business practice."
The issue is whether allegations contained in a CUIPA claim under General statutes Section
General Statutes Section
(a) Misrepresenting pertinent facts or insurance policy provisions relating to coverages at issue; (b) failing to acknowledge and act with reasonable promptness upon communications with respect to claims arising under insurance policies; (c) failing to adopt and implement reasonable standards for the prompt investigation of claims arising under insurance policies; (d) refusing to pay claims without conducting a reasonable investigation based upon all available information; (e) failing to affirm or deny coverage of claims within a reasonable time after proof of loss statements have been completed; (f) not attempting in good faith to effect prompt, fair and equitable settlements of claims in which liability has become reasonably clear; . . . (n) failing to promptly provide a reasonable explanation of the basis in the insurance policy in relation to the facts or applicable law for denial of a claim or for the offer of a compromise settlement . . . .
An examination of the count in issue shows that the plaintiff has alleged a number of acts of unfair settlement procedures involving his individual claim.
The Connecticut Supreme Court has elected to reserve decision on whether CUIPA even authorizes a private cause of action. See, Mead v. Burns,
The Appellate Court seems to indicate a necessity of pleading that an insurer had engaged in similar conduct with others involving similar claims to meet the requirement that the defendant company had committed the alleged wrongful acts with CT Page 1571 such frequency as to indicate a general business practice. Quimby v. Kimberly Clark Corp.,
At the trial level, there is a split in the Superior Court decisions on whether the allegation of a number of violations of General Statutes Sec.
This court believes the most reasonable interpretation of the requirement for alleging and establishing a "general business practice," and that which this court adopts in the present case, was that enunciated by United States District Judge Ellen Bree Burns in the case of Cole v. Metropolitan Property Liability Ins. Co., 10 Conn. Law Trib. No. 45, p. 7 (D.Conn., June 13, 1984):
Plaintiffs must allege the commission of acts, covered by subsection (6); "with such frequency as to indicate a general business practice." A "general" business practice is one which is prevalent, usual and pertaining to the greatest number of persons, cases or occasions. Webster's New International Dictionary (2d Ed. 1960). General business practices, then, are those which pertain or are applicable to a number of cases or occasions. This complaint, which alleges the commission of acts relative to plaintiffs' claim alone, does not rise to the level of practices committed "with such frequency as to indicate a general business practice."
The defendant's motion to strike the fifth count is granted.
NIGRO, J. CT Page 1572
Case-law data current through December 31, 2025. Source: CourtListener bulk data.