Ackerman v. Metropolitan Life Insurance

Sullivan, J. P., and Kupferman, J.,

dissent in part in a

memorandum by Sullivan, J. P., as follows: Since I believe that there is no basis for the assertion of a fraud claim or the recovery of punitive damages, I would affirm the dismissal of the fraud cause of action and modify the order appealed from to strike the claim for punitive damages, as does the majority, but without leave to replead as to either disposition.

Plaintiffs contend that the defendant insurer Metropolitan falsely represented that claims for medical services would be judged under "generally accepted medical standards.”…