Dorfman v. Smith

Citations

• 342 Conn. 582

Syllabus

The plaintiff appealed from that part of the trial court's judgment dismissing her claims against the defendant insurance company for breach of the implied covenant of good faith and fair dealing, negligent infliction of emotional distress, and violation of the Connecticut Unfair Trade Practices Act (CUTPA) (§ 42-110a et seq.) based on a violation of the Connecticut Unfair Insurance Practices Act (CUIPA) (§ 38a-815 et seq.). The plaintiff had been involved in a motor vehicle collision with J, one of the defendant's insureds. The plaintiff thereafter filed a claim with the defendant under the underinsured motorist provision of her policy. The defendant investigated the claim, concluded that J was 100 percent at fault and made notations of its findings in the claim file. The defendant then notified the plaintiff that her right to pursue her claim was condi- tioned on her provision of an affidavit of no excess insurance. The plaintiff subsequently brought the present action. The defendant hired attorneys to represent it in connection with the plaintiff's action but deliberately withheld from them its file notes, which included the recorded statement and identity of a witness to the collision, even though the defendant knew that information was necessary for its attorneys to prepare accurate responses to the plaintiff's complaint and discovery requests. The defendant pleaded in its answer to the plaintiff's complaint that it denied or did not have sufficient information to admit the plaintiff's allegations regarding the cause of the collision and her injuries, and asserted a special defense of contributory negligence, even though it knew that it was without a basis in fact. The defendant also provided false responses to the plaintiff's discovery requests, including that it did not know of the existence of the witness to the collision or whether any recorded statements of witnesses existed. In the plaintiff's deposition of the defendant, the defendant's designee admitted