Legal Opinion
Head v. Emblem Health
Appellate Division of the Supreme Court of the State of New York
Decided December 5, 2017No. 5132 161536/14PublishedCited by 1 opinion
1Opinion of the Court
Order, Supreme Court, New York County (Joan B. Lobis, J.), entered October 11, 2016, which, to the extent appealed from as limited by the briefs, granted defendants’ motion to dismiss the causes of action for fraud and bad faith breach of insurance contract, unanimously affirmed, without costs.
In support of the fraud causes of action, the complaint fails to allege sufficient facts to establish the element of a material misrepresentation (see Eurycleia Partners, LP v Seward & Kissel, LLP, 12 NY3d 553, 559 [2009]). While the Attorney General’s investigation documented numerous instances of…
2Cases cited3 opinions
- Eurycleia Partners, LP v. Seward & Kissel, LLPNew York Court of Appeals · 2009
- McGowan v. Great Northern InsuranceAppellate Division of the Supreme Court of the State of New York · 2010
- Orient Overseas Associates v. XL Insurance America, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
3Cited by1 opinion
- ETC Northeast Pipeline, LLC v. Associated Electric & GasSuperior Court of Delaware · 2023