The Cigarette Rule - Up in Smoke?

Article by Dennis O. Brown and Julia Karen Ulrich, In-House Counsel with Chartis Global Claims, formerly an EAPD attorney

A Connecticut jury recently awarded nearly $15 million to a class of automotive body shop plaintiffs¹ based on the jury's finding that the insurance company defendant violated the Connecticut Unfair Trade Practices Act.² The plaintiffs may get far more than they bargained for, however, if their lawsuit actually results in a seismic shift in the law that ultimately restricts potential plaintiffs' ability to bring similar actions in the future. Such a shift would align Connecticut with an emerging trend and possibly influence other jurisdictions to follow suit, a development which could dramatically reduce the exposure of insurance companies and their insureds.