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September 30, 2015
Bad Faith Allegation Dismissed by the Court Due to Absence of Evidence

A major insurance company was sued for alleged bad faith handling of a workers’ compensation claim. In ordering a directed verdict, the court agreed with Matthew Necci’s argument that the plaintiff had not provided evidence to make out a prima facie case. The Court agreed that the Exclusivity Provision of the Workers’ Compensation Act precluded the claim from being pursued in Superior Court because there was no evidence that the company engaged in egregious conduct in its handling of the plaintiff’s workers’ compensation claim. The Court cited the Connecticut Supreme Court’s opinion in DeOliveira v. Liberty Mutual Ins. Co., 273 Conn. 487, 870 A.2d 1066 (2005), and noted that evidence of egregious conduct was necessary in order for an exception to the Exclusivity Provision to apply. The absence of such evidence meant the case must be dismissed.

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Matthew S. Necci
Workers' Compensation Attorneys