Rein Monroe Associates v. Royal Insurance Co. of America

— Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following Memorandum: Supreme Court erred in failing to dismiss plaintiff’s fourth and fifth causes of action. Plaintiff’s fourth cause of action seeks damages premised on alleged violations of Insurance Law § 2601, and its fifth cause of action seeks damages on a common-law theory of bad faith premised on the unfair claim settlement practices. Because Insurance Law § 2601 does not create a private right of action, the fourth cause of action should have been dismissed (see, Royal Globe Ins.…