The lawyers for The Hartford argued that the auto repair shops in the class action were using CUTPA to try to drive up repair prices.
Unable to convince their customers, including The Hartford, to pay more, the auto body shops aimed to use CUTPA to force them to pay more--at the expense of consumers and competition.
In light of our conclusion in the present case that the plaintiffs' CUTPA claim fails even under the more lenient cigarette rule, it is unnecessary for us to decide whether that rule should be abandoned in favor of the federal test," Palmer wrote in a footnote.
Acordia, which he called part of a trend in not holding insurance companies liable for CUTPA violations.
Minchella believes the decisions are showing that small business owners are being held liable under CUTPA while large companies are not.