Destiny Health, Inc. v. Connecticut General Life Insurance Company

Plaintiff company, which develops products for health insurance industry including wellness-based healthcare program, negotiated with Defendant insurance company about offering points-based wellness program to clients. Defendant required sensitive business information from Plaintiff company, and parties amended confidentiality agreement for exchange of business information. That information provided by Plaintiff might have made Defendant more informed in evaluating business decision does not support inference that Defendant misappropriated Plaintiff's trade secrets absent some showing that Defendant would not have been able to develop its incentive-points program without use of those trade secrets. Court properly concluded that pleadings, depositions, and affidavits establish absence of genuine issue of fact on question of Defendant's use of trade secrets, and thus properly granted summary judgment for Defendant on Plaintiff's claim for violation of Trade Secrets Act and breach of contract claim. (HALL and LAMPKIN, concurring.)