Kaufman v. Republic Insurance

Memorándum. The order of the Appellate Division should be affirmed, without costs. The record establishes unequivocally that communications and letters were exchanged between plaintiff’s lawyer and the insurer over an extended period of time, before and after an action at law was barred by the policy provisions. But the record fails to establish in evidentiary form, as distinguished from argumentative conclusions, that the insurer ever receded from its contention that plaintiff had submitted and was persisting in the assertion of a fraudulently exaggerated claim. This is not the stuff of…