STORY FROM: Superstorm Sandy Insurance Litigation

‘Unfair Selling Practices’ Claim Duplicative of Breach of Contract Claim, N.Y. Appellate Court Rules

NEW YORK — A trial court properly dismissed an “unfair claim selling practices” claim asserted against an insurer in a Sandy coverage case because it is duplicative of the plaintiff’s breach of contract claim, a New York appellate court has ruled.

In an Oct. 27 opinion, the New York Appellate Division, 1st Department, also upheld an award to the insurer of legal fees incurred in connection with its motion to dismiss the “unfair claim selling practices claim.” The court found the plaintiff’s inclusion in the amended complaint of a claim that had been dismissed from the original complaint constitutes frivolous ...

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