Legal Opinion
Walker v. George
Appellate Division of the Supreme Court of the State of New York
Decided July 18, 2012Published
1Opinion of the Court
The Supreme Court properly granted the motion of the defendant Progressive Corporation (hereinafter Progressive) pursuant to CPLR 3211 (a) (7) to dismiss the complaint insofar as asserted against it for failure to state a cause of action. The complaint fails to state a cause of action to recover damages based on Progressive’s alleged violation of the covenant of good faith and fair dealing implied in the insurance contract issued to the defendant Charles Robertson (see generally Pavia v State Farm Mut. Auto. Ins. Co., 82 NY2d 445, 452-454 [1993]; CBLPath, Inc. v Lexington Ins. Co., 73 AD3d…
2Cases cited9 opinions
- New York University v. Continental InsuranceNew York Court of Appeals · 1995
- Eurycleia Partners, LP v. Seward & Kissel, LLPNew York Court of Appeals · 2009
- Pavia v. State Farm Mutual Automobile InsuranceNew York Court of Appeals · 1993
- Introna v. Huntington Learning Centers, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Daly v. KochanowiczAppellate Division of the Supreme Court of the State of New York · 2009
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