Sharen Capel PPA Donte Capel v. Plymouth Rock Assurance Corp.
Year 2012
Court State of Connecticut Court of Appeals
Case Number AC 34524
  • Assignment of Bad Faith Claims
  • Connecticut

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.