Connecticut Complaint for Specific Performance to Enforce Settlement and for Punitive Damages

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Multi-State
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US-03187BG
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Word; 
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Description

A settlement agreement is an agreement to terminate, by means of mutual concessions, a claim which is disputed in good faith. It is an amicable method of settling or resolving bona fide differences or uncertainties and is designed to prevent or put an end to litigation. Public policy favors settlement of litigation. It is well-settled public policy that settlement agreements are highly favored and will be enforced whenever possible.


Courts consider a settlement agreement as a contract, and construction and enforcement of settlement agreements are governed by principles of contract law. Accordingly, a settlement agreement is enforceable if the elements of a contract are present: " An agreement;
" Between competent parties;
" Based upon the genuine assent of the parties;
" Supported by consideration;
" Made for a lawful objective; and
" In the form required by law.

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FAQ

The Connecticut Unfair Trade Practices Act (CUTPA) prohibits unfair competition and unfair and deceptive acts. Initially adopted in 1973, CUTPA has been modified by the state legislature. The Department of Consumer Protection (DCP) has jurisdiction over CUPTA, but it is most commonly used as a private right of action.

Connecticut Unfair Trade Practices Act (CUTPA) Sec. 42-110a et seq. cited; medical malpractice claims recast as CUTPA claims cannot form basis for a CUTPA violation.

Section 52-259 - Court fees (a) There shall be paid to the clerks for entering each appeal or writ of error to the Supreme Court, or entering each appeal to the Appellate Court, as the case may be, two hundred fifty dollars, and for each civil cause in the Superior Court, three hundred sixty dollars, except (1) two ...

Current with legislation from the 2023 Regular and Special Sessions effective as of October 3, 2023. Section 42-110b - Unfair trade practices prohibited. Legislative intent (a) No person shall engage in unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce.

However, unlike most other states, Connecticut courts have limited punitive damages under this general rule to attorney's fees and other litigation costs. In addition to this common law rule, Connecticut has numerous statutes that allow punitive damages for certain types of cases and situations.

CUTPA does not have any express defenses, but it does contain a three-year statute of limitations. See Conn. Gen. Stat.

Unfair trade practices in insurance Misrepresenting the benefits, advantages, conditions or terms of any policy. Misrepresenting the dividends or share of the surplus to be received on any policy. Misleading or misrepresenting with regard to the financial condition of the insurer.

Connecticut now joins a growing number of jurisdictions which find coverage for punitive damages in certain insurance policies.

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Connecticut Complaint for Specific Performance to Enforce Settlement and for Punitive Damages