Legal Opinion
Aldrich v. Aetna Life & Casualty Insurance
Appellate Division of the Supreme Court of the State of New York
Decided May 23, 1988PublishedCited by 5 opinions
1Opinion of the Court
The plaintiff’s demand for punitive damages is premised on an allegation that defendant’s failure to pay certain claims pursuant to a health insurance policy was "arbitrary, capricious, in bad faith, and in violation of law”. However, "it is well settled that '[a] claim for punitive damages against an insurer is cognizable in New York only in circumstances where a plaintiff has made sufficient evidentiary allegations of ultimate facts of a fraudulent and deceitful scheme in dealing with the general public as to imply a criminal indifference to civil obligations’ ” (Valis v Allstate Ins. Co.,…
2Cases cited5 opinions
- Mighty Midgets, Inc. v. Centennial InsuranceNew York Court of Appeals · 1979
- Catalogue Service of Westchester, Inc. v. Insurance of North AmericaAppellate Division of the Supreme Court of the State of New York · 1980
- Holoness Realty Corp. v. New York Property Insurance Underwriting Ass'nAppellate Division of the Supreme Court of the State of New York · 1980
- Catalogue Service of Westchester Inc. v. Insurance Co. of North AmericaAppellate Division of the Supreme Court of the State of New York · 1982
- Valis v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1987
3Cited by5 opinions
- In re BernsteinAppellate Division of the Supreme Court of the State of New York · 1989
- Lebron v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1992
- MILLER, ERICK J. v. ALLSTATE INDEMNITY COMPANYAppellate Division of the Supreme Court of the State of New York · 2015
- Miller v. Allstate Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 2015
- Miller v. Allstate Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 2015