UP authored amicus in this important case of first impression supporting the rights of policyholders and their judgment creditors to recover a judgment in excess of the policy limits in contract actions against the insurance company for breach of the duty to defend, where the breach results in a judgment in excess of the policy limits. UP presented several similar cases from sister states supporting its position, including California, Florida, Illinois, Massachusetts, Montana, Texas and Wisconsin.
Sharen Capel PPA Donte Capel v. Plymouth Rock Assurance Corp.
Year
2012
Court
State of Connecticut Court of Appeals
Case Number
AC 34524
Issue
- Assignment of Bad Faith Claims
State
- Connecticut