unfair claim (Connecticut) · Go Syfert
← Connecticut issues

unfair claim in Connecticut

30 Connecticut opinions name it 3 courts 1985–2003 0 in the last five years

The cases below were cited by Connecticut courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Mead v. Burnsgreen
conn · 1986 · cited in 14 Connecticut opinions naming this issue, 1994–2003
2 sentences

2003The defendant’s reliance on Quimby is misplaced because our holding in part H B of that opinion was based on our Supreme Court’s decision in Mead v. Burns, 199 Conn. 651 , 509 A.2d 11 (1986), and was limited to the specific situation in which a plaintiff has alleged violations of CUTPA and the Connecticut Unfair Insurance Practices Act (CUIPA), General Statutes § 38a-815 et seq., against an insurer on the basis of conduct that constitutes an unfair claim settlement practice as defined in General Statutes § 38a-816 (6).

2003The defendant’s reliance on Quimby is misplaced because our holding in part H B of that opinion was based on our Supreme Court’s decision in Mead v. Burns, 199 Conn. 651 , 509 A.2d 11 (1986), and was limited to the specific situation in which a plaintiff has alleged violations of CUTPA and the Connecticut Unfair Insurance Practices Act (CUIPA), General Statutes § 38a-815 et seq., against an insurer on the basis of conduct that constitutes an unfair claim settlement practice as defined in General Statutes § 38a-816 (6).

314
Heyman Associates No. 1 v. Insurance Co. of Pennsylvaniagreen
conn · 1995 · cited in 1 Connecticut opinions naming this issue, 2000–2000
2 sentences

2000Co. , 229 Conn. 842 , 850 , 643 A.2d 1282 (1994); see also Heyman Associates No. 1 v. Insurance Co. of Pennsylvania , 231 Conn. 756 , 798 n. 30, 653 A.2d 122 (1995) ("[I]t is clear that the plaintiff's failure to offer evidence showing a `general business practice' fatally flaws its claim under § 38a-816 (6), which requires proof of such a general business practice.") The plaintiff alleges that Peerless "engages in . . . unfair claim settlement practices with such frequency as to indicate a general business practice. . . ." This is a conclusory allegation.

2000Co. , 229 Conn. 842 , 850 , 643 A.2d 1282 (1994); see also Heyman Associates No. 1 v. Insurance Co. of Pennsylvania , 231 Conn. 756 , 798 n. 30, 653 A.2d 122 (1995) ("[I]t is clear that the plaintiff's failure to offer evidence showing a `general business practice' fatally flaws its claim under § 38a-816 (6), which requires proof of such a general business practice.") The plaintiff alleges that Peerless "engages in . . . unfair claim settlement practices with such frequency as to indicate a general business practice. . . ." This is a conclusory allegation.

11
Lippitt v. Ashleygreen
· 1915 · cited in 1 Connecticut opinions naming this issue, 1985–1985
2 sentences

1985See Lippitt v. Ashley, 89 Conn. 451, 480 , 94 A. 995 (1915); Kilburn v. Keenan, 27 Conn. Sup. 394, 397 , 240 A.2d 213 (1967) (summary judgment denied where defend *305 ant sought the delay in order to interpose statute of limitations).

1985See Lippitt v. Ashley, 89 Conn. 451, 480 , 94 A. 995 (1915); Kilburn v. Keenan, 27 Conn. Sup. 394, 397 , 240 A.2d 213 (1967) (summary judgment denied where defend *305 ant sought the delay in order to interpose statute of limitations).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Connecticut. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Lees v. Middlesex Insurance green
conn · 1994
2 sentences

2002Stat. § 38a-816 (1) (2). "[O]f the sixteen categories of unfair insurance practices proscribed by General Statutes § 38a-816 , only subsection (6) expressly requires proof that the unfair claim settlement practices enumerated therein were committed or performed "with such frequency as to indicate a general business practice."' Lees v. Middlesex Insurance Co., supra, 229 Conn. at 848 n. 5.

2002If the facts alleged are "insufficient to satisfy the requirement under CUIPA that the defendant's alleged unfair claim settlement practices constituted a `general business practice,' the plaintiff's CUTPA claim [cannot] survive the failure of [their] CUIPA claim." Id., 851 .

221995–2003
Quimby v. Kimberly Clark Corp. green
connappct · 1992
2 sentences

2001In Lees v. Middlesex Insurance Co ., 229 Conn. 842 , 850-851 (1994), the Supreme Court, citing Mead v. Burns , supra, 199 Conn. 666 , reiterated that "a CUTPA claim based on an unfair claim settlement practice prohibited by § 38a-816 (6) require[s] proof, as under CUIPA, that the unfair settlement practice had been committed or performed by the defendant `with such frequency as to indicate a general business practice.' In so holding, we observed that a CUTPA claim based on the public policy embodied in CUIPA must be consistent with the regulatory principles established therein, and that `the d

1998Mead, supra, 655 ; Quimby v. Kimberly Clark Corporation , 28 Conn. App. 660 , 672 (1992).

21998–2001
Kilburn v. Keenan green
connsuperct · 1967
2 sentences

1985See Lippitt v. Ashley, 89 Conn. 451, 480 , 94 A. 995 (1915); Kilburn v. Keenan, 27 Conn. Sup. 394, 397 , 240 A.2d 213 (1967) (summary judgment denied where defend *305 ant sought the delay in order to interpose statute of limitations).

1985See Lippitt v. Ashley, 89 Conn. 451, 480 , 94 A. 995 (1915); Kilburn v. Keenan, 27 Conn. Sup. 394, 397 , 240 A.2d 213 (1967) (summary judgment denied where defend *305 ant sought the delay in order to interpose statute of limitations).

11985–1985

Where else courts name it

CT 30 (1985–2003) CA 27 (1952–2025) TX 16 (1988–2025) IL 12 (1974–2026) MA 10 (1983–2023) NY 8 (1894–2024) NC 6 (1915–2007) WV 5 (1981–2021) MD 5 (1977–2025) ND 4 (1991–2004) OK 3 (1997–2020) AZ 2 (2009–2009) WA 2 (1990–2020) AL 2 (1984–2001)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check