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Kapeleris v. Colonial Penn Insurance Company

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 13, 1990
163 A.D.2d 918 (N.Y. App. Div. 1990)

Opinion

July 13, 1990

Appeal from the Supreme Court, Kings County, Ramirez, J.

Present — Callahan, J.P., Denman, Green, Balio and Davis, JJ.


Order unanimously reversed on the law without costs, motion granted and cross motion denied. Memorandum: Supreme Court erred in denying defendant's motion to strike plaintiff's demand for punitive damages. The allegations in plaintiff's complaint and proposed amended complaint that defendant insurance company engaged in persistent unfair claim settlement practices (see, Insurance Law § 2601) "may more properly be evaluated and, if proved, be redressed by the Superintendent of Insurance, who is charged by law with the regulation of this industry, rather than by private litigants" (Roldan v. Allstate Ins. Co., 149 A.D.2d 20, 43). Accordingly, plaintiff's cross motion is denied.


Summaries of

Kapeleris v. Colonial Penn Insurance Company

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 13, 1990
163 A.D.2d 918 (N.Y. App. Div. 1990)
Case details for

Kapeleris v. Colonial Penn Insurance Company

Case Details

Full title:METAXIA KAPELERIS, Respondent, v. COLONIAL PENN INSURANCE COMPANY…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jul 13, 1990

Citations

163 A.D.2d 918 (N.Y. App. Div. 1990)
559 N.Y.S.2d 849

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