Alintah v. National Grange, No. Cv95 0146571 S (Apr. 24, 1997)
Opinion of the Court
The defendant has filed a motion to strike counts two through four of the plaintiff's complaint, along with the portions of the plaintiff's prayer for relief seeking punitive damages and attorney's fees.
"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 . . . . If facts provable in the complaint would support a cause of action, the motion to strike must be denied." (Citation omitted; internal quotation marks omitted.) Waters v. Autuori,
In the second count, the plaintiff alleges that the defendant's unreasonable delay and lack of good faith in settling the plaintiff's claim under the insurance policy constitute a breach of the defendant's duty to deal fairly and in good faith with the plaintiff. The defendant argues that the plaintiff has failed to allege the necessary elements of a claim for breach of the obligation of good faith and fair dealing, i.e., wanton and malicious injury, and, therefore, that the second count of the plaintiff's complaint should be stricken.
The implied covenant of good faith and fair dealing applies CT Page 4765 to a variety of contractual relationships, including insurance contracts. Verrastro v. Middlesex Ins. Co.,
In the present case, the plaintiff essentially alleges that the defendant failed to act in good faith in settling the plaintiff's insurance claim and accused the plaintiff of insurance fraud without justification. The second count of the plaintiff's complaint can reasonably be read to allege that the defendant's conduct constituted a breach of the implied covenant of good faith and fair dealing and raises an issue as to the legitimacy of the defendant's conduct. See Warner v. Konover,
supra,
In the third count, the plaintiff alleges that the defendant acted in violation of the Connecticut Unfair Insurance Practices Act (CUIPA), General Statutes §
The defendant argues that count three is legally insufficient because CUIPA does not create a private right of action. In addition, the defendant argues that the plaintiff's allegations involve a single claim and, therefore, that the plaintiff failed CT Page 4766 to allege that the defendant engaged in wrongful conduct with such frequency as to indicate a general business practice as required under General Statutes §
In response, the plaintiff argues that the allegations in the complaint clearly involve a pattern of misconduct in connection with multiple claims. According to the plaintiff, the allegations in the complaint involve at least two claims, i.e., a claim for property damage and a claim for personal injuries, and the defendant is now estopped from claiming that they amount to a single claim because it was the defendant who initially treated them separately. In addition, the plaintiff argues that the allegations involve numerous violations of General Statutes §
Regardless of whether CUIPA creates a private right of action, the plaintiff has failed to allege facts sufficient to establish that the defendant engaged in wrongful conduct "with such frequency as to indicate a general business practice" as required under General Statutes §
In count four, the plaintiff alleges that the defendant acted in violation of the Connecticut Unfair Trade Practices Act (CUTPA), General Statutes §
In order to state a claim under CUTPA based on a violation of CUIPA, the defendant argues that the plaintiff must allege facts sufficient to establish that the defendant committed the alleged acts of misconduct with such frequency as to indicate a general business practice. According to the defendant, because the allegations in the plaintiff's CUIPA count are legally insufficient, the plaintiff's CUTPA claim must also fail.
The Supreme Court has held that "a CUTPA claim based on an alleged unfair claim settlement practice prohibited by §
Finally, the defendant argues that the plaintiff cannot claim punitive damages and attorney's fees in the absence of a legally sufficient CUIPA or CUTPA claim. Because the plaintiff's CUIPA and CUTPA claims should be stricken, the defendant argues that the plaintiff's claims for punitive damages and attorney's fees must also be stricken. CT Page 4768
"Breach of contract founded on tortious conduct may allow the award of punitive damages. Such tortious conduct must be alleged in terms of wanton and malicious injury, evil motive and violence, for punitive damages may be awarded only for outrageous conduct, that is, for acts done with a bad motive or with a reckless indifference to the interests of others." L.F. Pace Sons, Inc. v. Travelers Indemnity Co.,
The first count of the plaintiff's complaint is based on tortious breach of contract. The plaintiff alleges, in pertinent part, that the defendant "delayed the resolution of the plaintiff's claim and endeavored to harass the plaintiff with allegations that his statements concerning the claim were false and fraudulent, all in an effort to embarrass and intimidate the plaintiff and to force him to accept a sum less than was fair in settlement of his claim, thus enabling the defendant to profit therefrom." Complaint, Count One, ¶ 13. The defendant has not challenged the legal sufficiency of these allegations.
Viewed in the light most favorable to the plaintiff, an examination of paragraph thirteen of count one discloses tortious misconduct on the part of the defendant which would justify an award of punitive damages. The plaintiff essentially alleges that the defendant attempted to harass, embarrass and intimidate the plaintiff with false allegations of insurance fraud in an effort to force the plaintiff to accept a sum that was less than fair in settlement of the plaintiff's claim. Accordingly, the plaintiff has alleged a valid basis for an award of punitive damages and, therefore, the defendant's motion to strike the portion of the prayer for relief seeking punitive damages is denied. Nevertheless, because the plaintiff's CUTPA and CUIPA claims have been stricken, there is no basis in the complaint for an award of attorney's fees in addition to punitive damages. Thus, the defendant's motion to strike the portion of the prayer for relief seeking attorney's fees is granted.
D'ANDREA, J.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.