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NEWS NOVEMBER 23, 2020 ¦ 11

Iannaccone said McCarty was part of a class that heart rate as high as possible. If you are in shape,
had used a rowing machine, a strength training ma- you can do this. If you’re an obese person, you can’t
chine and then a treadmill. McCarty, he said, had do this.”
a “cardiac event” while running on the treadmill Iannaccone said he’s seeking “at least seven
about 50 minutes after joining the gym. Personnel figures.”
and others tried to revive him, but Iannaccone said McCarty was
to no avail, the Iannaccone said. a traveling nurse working at Yale
“They probably should have New Haven Hospital at the time of
dissuaded him from using the Iannaccone argues the his death.

equipment. But, if they were going facility and Langan were As of late Wednesday morning,
to let him do it, he needed close at- neglectful because it “was Orangetheory Fitness, which is a
tention,” Iannaccone said. “There obvious Mr. McCarty was chain, had not secured counsel.
were several people in the class No one from the fitness facility
and he was not getting the one- overweight and probably responded to a request for com-
on-one attention he needed. Given obese. No one asked him ment Wednesday, and Langan
the fact he was clinically obese and if he had done interval didn’t respond to a request for
inexperienced, it was a real danger training or high-intensity comment.
zone for him.” training, or really whether
he had worked out at all.” Iannaccone said McCarty’s wid-
In addition, the attorney said, at ow, Amy, and their daughter “are
one point McCarty’s heartbeat got still very distraught. They are try-
as high as 240 beats per minute. ing to get by.”
“His levels were very dangerous ¦

for about 12 minutes without anyone doing any- Robert Storace covers legal trends, lawsuits and
thing,” Iannaccone claimed. analysis for the Connecticut Law Tribune. Follow
Iannaccone continued: “The whole theory of the him on Twitter @RobertSCTLaw or reach him at
defendant gym is to encourage people to get their 203-437-5950.

Bad Faith Claims Increasing in Connecticut
for UM/UIM Complaints

By Melicent B. Thompson and Elizabeth O. Hoff

Claims for breach of the covenant of good faith at the pleading stage, demonstrating that carriers
and fair dealing (“common law bad faith”) are best positioned to avoid common law bad faith
have been appearing more frequently in Con- claims in the uninsured/underinsured motorist
necticut complaints for uninsured/underinsured context by employing procedures that ensure timely
motorist coverage. Connecticut courts generally and thorough investigation and documentation of
have not been receptive, often striking such claims claims and timely, clear and direct communication
at the pleading stage, especially where they merely with claimants regarding the bases for the insurer’s
describe a dispute over coverage. This is noteworthy coverage position.
given that more recently, some Connecticut courts In Connecticut, bad faith requires actual or con-
also have begun applying a less stringent standard structive fraud, a design to mislead or deceive, or
for pleading bad faith. Here we discuss this trend a neglect or refusal to fulfill some duty or contrac-
and Connecticut courts’ treatment of these claims
¦ Continued on PAGE 12

CONNECTICUT
Law Tribune