Diamond v. Mutual Life Insurance

In this action to recover reimbursement of medical expenses against the defendant insurance carrier which issued a hospital indemnity policy, plaintiff has included a third cause of action for $10,000 in punitive damages alleging in .substance that the defendant’s refusal to pay is willful and without any reasonable justification. Without specifically setting forth separate allegations, plaintiff also seeks counsel fees, but does not specify or allege any amount therefor.

Defendant moves to dismiss the third cause of action for punitive damages, claiming that it fails to state a cause of…