Greenwich Roofing Sheet M. v. O'neill, No. Cv 960152859s (Sep. 26, 1996)
Opinion of the Court
The plaintiff, Greenwich Roofing and Sheet Metal Works, Inc., filed a three-count complaint against the defendant, Golden O'Neill and Gebhardt, alleging that the defendant, as plaintiff's insurance broker, failed to procure fire insurance for the plaintiff. The plaintiff's business property was destroyed by a fire. The first count alleges negligence, the second alleges breach of an agreement, and the third alleges Connecticut Unfair Trade Practices Act (CUTPA), General Statutes §
DISCUSSION
"The purpose of a motion to strike is to contest . . . the legal sufficiency of the allegations of any complaint . . . to state a claim upon which relief can be granted. In ruling on a motion to strike, the court is limited to the facts alleged in the complaint. The court must construe the facts in the complaint most favorably to the plaintiff." Novametrix Medical Systems,Inc. v. BOC Group, Inc.,
The plaintiff asserts that the defendant has failed to state a claim under CUTPA in that the complaint does not allege that the defendant engaged in unfair business practices.
General Statutes § 110b (a) provides that "[n]o person shall engage in unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce." CUTPA is a remedial statute and must be construed liberally in an effort to effectuate its public policy goals. General Statutes §
"In determining whether a practice violates CUTPA, we use the following criteria `(1) [W]hether the practice, without necessarily having been previously considered unlawful, offends public policy as it has been established by statutes, the common law, or otherwise whether, in other words, it is within at least the penumbra of some common law, statutory, or other established concept of unfairness; (2) whether it is immoral, unethical, oppressive, or unscrupulous; (3) whether it causes substantial injury to consumers[.] competitors or other businessmen.'"Daddona v. Liberty Mobile Home Sales, Inc.,
The defendant points to decisions holding that when the underlying claim is grounded solely in negligence, the CUTPA count must satisfy all prongs of test outlined above. WilliamsFord, Inc. v. Hartford Courant Co.,
Courts have held that "the same facts that establish a breach of contract claim may be sufficient to establish a CUTPA violation." Lester v. Resort Camplands International, Inc.,
MINTZ, J.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.