CUTPAConnecticut Unfair Trade Practices Act
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In the district court's opinion, that amounted to more than merely pleading a "simple breach of contract" claim (which, the district court said, was insufficient to assert a CUTPA claim), because the sale of insurance without an intent to cover claims and the intentional campaign to make improper denials were "significant aggravating circumstances" constituting immoral, unethical, or unscrupulous activity.
(50) Ultimately, the court affirmed the trial court's determination that Health Net's practice of reimbursing individual podiatrists at a lower rate than medical doctors for the same procedures does not constitute "unfair discrimination" in violation of CUIPA and CUTPA. (51)
On appeal, Health Net argued that the trial court properly concluded that its practice of reimbursing medical doctors at higher rates than individual podiatrists for the same services did not violate CUIPA and CUTPA. Id at 962.
Similarly, [section] 42-110b(a) of CUTPA provides: "No person shall engage in unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce." CONN.
Instead, "[i]t is within the trier's province to weigh the CUTPA factors as it sees fit." Callandro, 778 A.2d at 220.
In Mead, the Supreme Court of Connecticut considered whether the insurance industry could be regulated by CUIPA and CUTPA concurrently.
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.
Relying on the holding in Advanced Financial Services and Haynes, the court denied the appraiser's motion to dismiss because the plaintiff had "alleged that the appraiser issued an intentionally false appraisal to induce a creditor to extend credit." (210) The court found that this claim "assert[ed] a deceptive practice" and was "sufficient to support a CUTPA claim." (211)