Wiggin and Dana Appellate Partners Featured in Connecticut Law Tribune

January 14, 2015

Wiggin and Dana Appellate Partners Aaron Bayer and Jonathan Freiman were featured in a
January 9, 2015 Connecticut Law Tribune article titled, "Insurance Company Challenges $35 Million Verdict in Auto Body Repair Case." The article discusses a case before the Connecticut Supreme Court in which The Hartford Fire Insurance Co. is seeking to overturn a $35 million verdict against the insurer for allegedly violating the Connecticut Unfair Trade Practices Act (CUTPA). Attorneys Bayer and Freiman are representing The Hartford in the appeal before the Connecticut Supreme Court, and Mr. Freiman argued the case before the Court on January 13, 2015.

One of the issues in this appeal is whether Connecticut should continue to use the so-called "cigarette rule" in determining whether a practice is "unfair" and in violation of CUTPA. The Federal Trade Commission long ago abandoned the cigarette rule, which uses a multi-factor test to determine "unfairness," in favor of a test that examines only whether the practice results in some substantial, unjustified injury to consumers. The Hartford has challenged the verdict on the ground that the state must use the substantial injury test adopted by the FTC and on other grounds as well.