Legal Opinion

Royal Globe Insurance v. Chock Full O'Nuts Corp.

Appellate Division of the Supreme Court of the State of New York

Decided May 6, 1982PublishedCited by 45 opinions

1Opinion of the Court

OPINION OF THE COURT

Fein, J.

Plaintiff sued its insured for over $3.3 million in insurance premiums and service charges allegedly due. Defen*316dant counterclaimed for $5 million, asserting, inter alia, damage from unfair claim settlement practices under section 40-d of the Insurance Law. In addition, defendant sought attorneys’ fees and $5 million in punitive damages.

Special Term was correct in dismissing the fourth counterclaim. We have held that section 40-d .of the Insurance Law does not create a private right of action for an insured against its insurer, and have concluded that the statute…

2Cases cited20 opinions

  1. Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
  2. Walker v. SheldonNew York Court of Appeals · 1961
  3. Mighty Midgets, Inc. v. Centennial InsuranceNew York Court of Appeals · 1979
  4. Garrity v. Lyle Stuart, Inc.New York Court of Appeals · 1976
  5. Gordon v. Nationwide Mutual InsuranceNew York Court of Appeals · 1972

15 more not listed; retrieve them via the Exa API.

3Cited by45 opinions

  1. Rocanova v. Equitable Life Assurance Society of United StatesNew York Court of Appeals · 1994
  2. Roldan v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1989
  3. Pepsico, Inc. v. Continental Casualty Co.District Court, S.D. New York · 1986
  4. Fleming v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1984
  5. DiBlasi v. Aetna Life & Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 1989

40 more not listed; retrieve them via the Exa API.

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