Opinion
No. CV-05-4014769S
January 24, 2006
MEMORANDUM OF DECISION ON MOTION TO STRIKE
This is an action to recover damages for personal injuries and property damage arising from a motor vehicle accident on May 27, 2005 in which Plaintiff's vehicle was rear-ended by a vehicle rear-ended by defendant Spescia. Counts three and four of the complaint are directed to defendant Infinity Insurance Company, the liability carrier for Spescia, claiming violations of CUIPA and CUTPA and alleging that plaintiff was a third-party beneficiary under Spescia's insurance policy with Infinity and that Infinity unfairly failed to settle plaintiff's case, although it "placed a sticker" on plaintiff's car.
Infinity on September 15, 2005 moved to strike counts three and four.
It is settled law in Connecticut that an insurer owes no duty to a third party by reason of unfair settlement practices. See Chapell v. LaRosa, 28 Conn. L. Rptr. 683, 2001 WL 58057 (Jan. 5, 2001, Corradino, J.).
Plaintiff relies heavily on Judge Sheedy's decision in Rivera v. Pereira, 2003 WL 377517 (Conn.Super.) 31 Conn. L. Rptr. 406, but in the present case Plaintiff has not alleged a direct misconduct by the insurance company against the plaintiff as was done in that case.
Furthermore this court has ruled frequently that no private cause of action exists under CUIPA and derivatively under CUTPA at least where no continuous business practice has been alleged. See Argueta v. Nationwide Insurance Com., Superior Court, judicial district of Hartford, Docket No. 02-0820009 (February 20, 2004, Wagner, J.) and cases cited.
Defendant's Motion to Strike Counts Three and Four is granted.