From Casetext: Smarter Legal Research

Telemaque v. New York Prop. Ins. Underwriting

Appellate Division of the Supreme Court of New York, Second Department
Jun 4, 1990
162 A.D.2d 444 (N.Y. App. Div. 1990)

Opinion

June 4, 1990

Appeal from the Supreme Court, Westchester County (Wood, J.).


Ordered that the order is affirmed, with costs.

On appeal the plaintiff argues primarily one point: that the Supreme Court erred in denying the plaintiff an opportunity to seek punitive damages from the defendant. The plaintiff's demand for punitive damages is premised on its allegations that the defendant engaged in a pattern of unfair claim settlement practices. The courts have repeatedly recognized that since unfair claim settlement practices may be redressed by administrative action pursuant to the Insurance Law, there is no need to recognize private causes of action for punitive damages (see, Roldan v. Allstate Ins. Co., 149 A.D.2d 20; Kent Centre Assocs. v. Greater N.Y. Mut. Ins. Co., 139 A.D.2d 630; Mavroudis v State Wide Ins. Co., 121 A.D.2d 433, 434; Kurrus v. CNA Ins. Co., 115 A.D.2d 593; Royal Globe Ins. Co. v. Chock Full O'Nuts Corp., 86 A.D.2d 315; Cohen v. New York Prop. Ins. Underwriting Assn., 65 A.D.2d 71). The Supreme Court was therefore correct in granting the defendant's motion to dismiss so much of the complaint as sought punitive damages, and in denying the plaintiff's motion for leave to serve an amended complaint. We have examined the plaintiff's remaining arguments and find them to be without merit. Thompson, J.P., Bracken, Lawrence and Kunzeman, JJ., concur.


Summaries of

Telemaque v. New York Prop. Ins. Underwriting

Appellate Division of the Supreme Court of New York, Second Department
Jun 4, 1990
162 A.D.2d 444 (N.Y. App. Div. 1990)
Case details for

Telemaque v. New York Prop. Ins. Underwriting

Case Details

Full title:ROLANDE TELEMAQUE, Doing Business as TELEMAQUE'S, Appellant, v. NEW YORK…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 4, 1990

Citations

162 A.D.2d 444 (N.Y. App. Div. 1990)
556 N.Y.S.2d 391

Citing Cases

Warhoftig v. Allstate Insurance Company

"Waiver is an intentional relinquishment of a known right and should not be lightly presumed" (Frank Corp. v…

ROYAL INSURANCE COMPANY OF AMERICA v. DEEP SEA INT'L

See, e.g., Rocanova, 83 N.Y.2d at 615 ("A complaint does not state a claim for compensatory or punitive…