Dorfman v. Smith

Summary

The court affirmed dismissal of the plaintiff’s claims against her insurer for breach of the implied covenant of good faith and fair dealing, negligent infliction of emotional distress, and a CUTPA claim predicated on CUIPA. It held that the litigation privilege deprived the court of subject matter jurisdiction because the challenged conduct consisted principally of false communications and litigation-related conduct, and because other remedies were available. Justice Ecker, concurring in part and dissenting in part, would have allowed the bad-faith and emotional-distress claims to proceed and would have resolved the CUTPA claim solely on pleading insufficiency.