Serrano v. Progressive Insurance Companies

In an action to recover damages for breach of an insurance contract, the defendants appeal from an order of the Supreme Court, Kings County (Battaglia, J.), dated April 15, 2013, which denied their motion pursuant to CPLR 3211 (a) to dismiss the complaint.

Ordered that the order is reversed, on the law, with costs, and the defendants’ motion pursuant to CPLR 3211 (a) to dismiss the complaint is granted.

The plaintiffs commenced this action to recover damages for breach of an insurance contract, alleging that they had submitted a valid claim for uninsured motorist benefits to the defendants, and…