Eccobay Sportswear, Inc. v. Providence Washington Insurance

OPINION

EDWARD WEINFELD, District Judge.

Defendant moves to dismiss plaintiffs cause of action for punitive damages on the ground that it fails to state a claim upon which punitive damages can be granted. Because both parties submitted affidavits and other matters outside the pleadings, the Court will treat the motion as one for summary judgment, pursuant to Fed.R. Civ.P. 12(b).

On May 4, 1982, defendant issued a seven-day insurance binder for all-risk property and transit coverage of certain of plaintiffs warehouses and other business premises. Four days later, plaintiffs Maspeth warehouse…