Hebert v. State Farm Mutual Automobile Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*959In a contract action to recover first-party benefits from his no-fault insurance carrier, plaintiff in his complaint, as amplified by a bill of particulars, seeks punitive damages. Defendant decided not to pay plaintiff, who some three weeks after undergoing surgery for a herniated disc on the right side was involved in a motor vehicle accident resulting in left shoulder and neck pain, giving rise to plaintiff’s no-fault claim. Plaintiff charges this decision was inspired by malice and bad faith, primarily because defendant, acting through a claims adjuster who lacked medical training and…
2Cases cited6 opinions
- Gordon v. Nationwide Mutual InsuranceNew York Court of Appeals · 1972
- Royal Globe Insurance v. Chock Full O'Nuts Corp.Appellate Division of the Supreme Court of the State of New York · 1982
- Keen v. KeenNew York Court of Appeals · 1986
- Keen v. KeenAppellate Division of the Supreme Court of the State of New York · 1985
- Home Insurance of Indiana v. KarantonisAppellate Division of the Supreme Court of the State of New York · 1986
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3Cited by7 opinions
- Monroe v. Providence Washington InsuranceAppellate Division of the Supreme Court of the State of New York · 1987
- O'Dell v. New York Property Insurance Underwriting Ass'nAppellate Division of the Supreme Court of the State of New York · 1988
- Botway v. American International Assurance Co.Appellate Division of the Supreme Court of the State of New York · 1989
- Salka v. Lumbermens Mutual Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1987
- Tate v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1992
2 more not listed; retrieve them via the Exa API.