Posts Categorized: Unfair Claims Settlement Practices

Posted: January 16, 2018

Court of Appeals Grants Leave to Appeal in Case Involving Dismissal of Action Filed By Counsel That Does Not Maintain An Office in New York

On January 11, 2017, the Court of Appeals granted leave to appeal in Arrowhead Capital Fin., Ltd. v. Cheyne Specialty Fin. Fund L.P. In Arrowhead Capital, Justice Kornreich of the New York County Commercial Division granted a motion to dismiss because the plaintiff’s counsel did not maintain an office in New York in violation of... Read more »

Posted: January 15, 2018

New York Insurance Law Does Not Preempt Claim Against Insurer for “Deceptive Practices” under Section 349 of the General Business Law

On November 8, 2017, the Second Circuit issued a decision in Nick’s Garage, Inc. v. Progressive Casualty Ins. Co., Case No. 15-1426-cv, holding that Section 2601(a) of the New York Insurance Law, which prohibits insurers from “engag[ing] in unfair claim settlement practices,” but provides no private right of action, does not preempt a claim against... Read more »