Uninsured/Underinsured Motorist Complaint - Connecticut

UNINSURED / UNDERINSURED MOTORIST COMPLAINT

Table of Contents

1. Caption
2. Parties
3. Jurisdiction and Venue
4. General Allegations
5. Policy Identification and Coverage
6. UM vs. UIM Status
7. First Count — Breach of Contract (UM/UIM Benefits)
8. Second Count — Bad Faith / CUIPA-CUTPA
9. Damages
10. Jury Demand
11. Prayer for Relief

Caption

SUPERIOR COURT

JUDICIAL DISTRICT OF [JUDICIAL DISTRICT], AT [CITY]

Parties

1. The Plaintiff, [PLAINTIFF FULL NAME] ("Plaintiff"), is an individual residing at [PLAINTIFF ADDRESS], [CITY], Connecticut [ZIP CODE], and is an insured under the automobile insurance policy described herein.

2. The Defendant, [INSURANCE COMPANY NAME] ("Defendant Insurer"), is an insurance company authorized to transact business in the State of Connecticut, with its principal place of business at [INSURER ADDRESS].

3. [JOHN/JANE DOE] ("Uninsured/Underinsured Motorist") is an individual who, at all relevant times, operated a motor vehicle [☐ without liability insurance / ☐ with liability insurance inadequate to compensate Plaintiff's damages].

Jurisdiction and Venue

4. This Court has jurisdiction over this matter pursuant to Conn. Gen. Stat. § 51-164s and the Connecticut Constitution, Art. V.

5. The amount in controversy exceeds $15,000.00, exclusive of interest and costs.

6. Venue is proper in the Judicial District of [JUDICIAL DISTRICT] pursuant to Conn. Gen. Stat. § 51-345 and Practice Book § 3-1 because [☐ the accident occurred in this judicial district / ☐ Defendant transacts business in this judicial district / ☐ Plaintiff resides in this judicial district].

6A. This action, or an accompanying demand for arbitration, is timely commenced within the period required by Conn. Gen. Stat. § 38a-336(g), which prohibits an insurer from limiting the time to bring suit or demand arbitration on a UM/UIM claim to less than three years from the date of the accident, subject to the tolling and notice provisions of § 38a-336(g)(1)-(2).

General Allegations

7. On or about [DATE OF ACCIDENT], at approximately [TIME], Plaintiff was [☐ operating / ☐ a passenger in] a motor vehicle on [STREET/HIGHWAY/ROUTE], in or near [CITY/TOWN], Connecticut.

8. At said time and place, the Uninsured/Underinsured Motorist negligently operated a motor vehicle, proximately causing a collision with Plaintiff's vehicle.

9. The Uninsured/Underinsured Motorist was negligent in one or more of the following respects:

☐ Operating a vehicle at an excessive or unreasonable speed (Conn. Gen. Stat. § 14-218a)
☐ Failure to yield the right of way (Conn. Gen. Stat. § 14-245)
☐ Following too closely (Conn. Gen. Stat. § 14-240)
☐ Operating under the influence (Conn. Gen. Stat. § 14-227a)
☐ Failure to obey a traffic control signal (Conn. Gen. Stat. § 14-299)
☐ Improper lane change (Conn. Gen. Stat. § 14-236)
☐ Distracted driving / use of hand-held mobile device (Conn. Gen. Stat. § 14-296aa)
☐ Failure to maintain a proper lookout
☐ Other: [________________________________]

10. As a direct and proximate result of the above-described negligence, Plaintiff sustained serious bodily injuries and damages.

Policy Identification and Coverage

11. At the time of the accident, Plaintiff was insured under an automobile insurance policy issued by Defendant Insurer, Policy No. [POLICY NUMBER], effective from [POLICY START DATE] to [POLICY END DATE] (the "Policy").

12. The Policy includes uninsured motorist ("UM") bodily injury coverage with limits of $[UM LIMIT PER PERSON] per person / $[UM LIMIT PER ACCIDENT] per accident.

13. The Policy includes underinsured motorist ("UIM") bodily injury coverage with limits of $[UIM LIMIT PER PERSON] per person / $[UIM LIMIT PER ACCIDENT] per accident.

14. Plaintiff has paid all premiums due under the Policy and has complied with all conditions precedent.

15. The UM/UIM coverage limits are [☐ equal to the liability limits purchased / ☐ less than liability limits per Plaintiff's written request, but not below $25,000/$50,000].

Conversion Coverage

16. ☐ Plaintiff elected underinsured motorist conversion coverage under Conn. Gen. Stat. § 38a-336a with limits of $[CONVERSION LIMIT PER PERSON] per person / $[CONVERSION LIMIT PER ACCIDENT] per accident.

☐ Conversion coverage was not elected.

Anti-Stacking Provision

17. Connecticut law prohibits stacking of UM/UIM coverage limits pursuant to Conn. Gen. Stat. § 38a-336(d). Regardless of the number of:

☐ Policies issued
☐ Vehicles or premiums shown on the Policy
☐ Premiums paid
☐ Persons covered
☐ Vehicles involved in the accident
☐ Claims made

the UM/UIM coverage applicable to this claim is limited to the single highest applicable coverage limit of $[APPLICABLE LIMIT] per person / $[APPLICABLE LIMIT] per accident.

UM vs. UIM Status

Select one:

☐ Uninsured Motorist (UM) Claim:

18. The at-fault motorist was uninsured at the time of the accident in that [☐ no bodily injury liability policy was in effect / ☐ the at-fault motorist is unknown (hit-and-run) / ☐ the at-fault motorist's insurer denied coverage or is insolvent].

☐ Underinsured Motorist (UIM) Claim:

19. The at-fault motorist maintained bodily injury liability coverage with limits of $[TORTFEASOR POLICY LIMIT], which is less than Plaintiff's total damages.

20. Plaintiff has exhausted the at-fault motorist's bodily injury liability limits and received $[AMOUNT RECOVERED FROM TORTFEASOR] in [☐ settlement / ☐ judgment].

21. Defendant Insurer was provided with timely written notice and the opportunity to consent to the settlement with the tortfeasor's insurer.

22. The UIM coverage available is the difference between the UIM policy limits and the amount recovered from the tortfeasor's liability policy.

First Count

Breach of Contract (UM/UIM Benefits)

23. Plaintiff re-alleges and incorporates by reference paragraphs 1 through 22.

24. The Policy constitutes a valid and enforceable contract between Plaintiff and Defendant Insurer.

25. Plaintiff has performed all obligations and satisfied all conditions precedent required under the Policy.

26. Defendant Insurer has breached the Policy by failing and refusing to pay UM/UIM benefits owed to Plaintiff despite proper and timely demand.

27. As a direct and proximate result of Defendant Insurer's breach, Plaintiff has been damaged in an amount to be proven at trial.

Second Count

Bad Faith / CUIPA-CUTPA

28. Plaintiff re-alleges and incorporates by reference paragraphs 1 through 27.

29. Defendant Insurer's conduct constitutes an unfair claim settlement practice in violation of the Connecticut Unfair Insurance Practices Act ("CUIPA"), Conn. Gen. Stat. § 38a-816(6), in that Defendant Insurer:

☐ Failed to acknowledge and act reasonably promptly upon communications with respect to claims
☐ Failed to adopt and implement reasonable standards for the prompt investigation and processing of claims
☐ Refused to pay claims without conducting a reasonable investigation based upon all available information
☐ Failed to affirm or deny coverage of claims within a reasonable time after proof-of-loss statements were completed
☐ Did not attempt in good faith to effectuate prompt, fair, and equitable settlements
☐ Compelled Plaintiff to institute litigation to recover amounts due by offering substantially less than amounts ultimately recovered
☐ Other: [________________________________]

30. If Defendant Insurer's proved conduct constitutes a CUTPA violation and causes Plaintiff an ascertainable loss of money or property, Plaintiff seeks actual damages under Conn. Gen. Stat. § 42-110g(a) and asks the Court, in its discretion, for any supported punitive damages, equitable relief, costs, and reasonable attorney's fees under § 42-110g(a), (d).

Damages

31. As a result of the accident and Defendant Insurer's breaches, Plaintiff has suffered the following damages:

☐ Past medical expenses: $[AMOUNT]
☐ Future medical expenses: $[AMOUNT]
☐ Past lost wages/earnings: $[AMOUNT]
☐ Future lost wages/earning capacity: $[AMOUNT]
☐ Pain and suffering (past and future): $[AMOUNT]
☐ Mental anguish and emotional distress: $[AMOUNT]
☐ Physical disability and disfigurement: $[AMOUNT]
☐ Loss of enjoyment of life: $[AMOUNT]
☐ Loss of consortium (if applicable): $[AMOUNT]
☐ Punitive damages (CUTPA claim): According to proof
☐ Prejudgment interest (Conn. Gen. Stat. § 37-3a)
☐ Attorney's fees (CUTPA — Conn. Gen. Stat. § 42-110g)
☐ Costs of suit

Jury Demand

Plaintiff hereby demands a trial by jury on all issues so triable.

Prayer for Relief

WHEREFORE, Plaintiff demands judgment against Defendant Insurer as follows:

1. Compensatory damages in an amount to be determined at trial;
2. UM/UIM benefits in the full amount owed under the Policy;
3. Punitive damages pursuant to CUTPA, Conn. Gen. Stat. § 42-110g;
4. Attorney's fees pursuant to CUTPA;
5. Prejudgment interest pursuant to Conn. Gen. Stat. § 37-3a;
6. Costs of this action; and
7. Such other and further relief as this Court deems just and equitable.

THE PLAINTIFF,

[PLAINTIFF FULL NAME]

By: [________________________________]
[ATTORNEY NAME], Juris No. [JURIS NUMBER]
[FIRM NAME]
[FIRM ADDRESS]
[CITY], Connecticut [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Attorney for Plaintiff

State-Specific Notes — Connecticut

Sources and References

• Conn. Gen. Stat. § 38a-336 — Uninsured and Underinsured Motorist Coverage — CT General Assembly (Chapter 700)
• Conn. Gen. Stat. § 38a-336a — Underinsured Motorist Conversion Coverage — Justia (2024)
• Conn. Gen. Stat. § 38a-336c — Claims for Uninsured or Underinsured Motorist Benefits — Justia (2024)
• Conn. Gen. Stat. § 38a-816 — Unfair Practices Defined (CUIPA) — CT General Assembly (Chapter 704)
• Conn. Gen. Stat. § 52-576 — Actions for Account or on Simple or Implied Contracts — Justia (2024)
• Conn. Gen. Stat. § 52-584 — Limitation of Action for Injury to Person or Property Caused by Negligence — Justia (2024)
• Connecticut UM/UIM Overview — CT General Assembly OLR
• Connecticut UM/UIM Arbitration Handbook Excerpt (§ 38a-336(c) arbitration of coverage) — verified-via mirror
• Connecticut UM/UIM Issues — FindLaw
• Connecticut Auto Insurance Requirements — CT General Assembly