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Mavroudis v. State Wide Insurance Company

Appellate Division of the Supreme Court of New York, Second Department
Jun 9, 1986
121 A.D.2d 433 (N.Y. App. Div. 1986)

Opinion

June 9, 1986

Appeal from the Supreme Court, Richmond County (McBrien, J.).


Appeal from the order dated July 24, 1985, dismissed. No appeal lies from an order denying reargument.

Order dated February 26, 1985, affirmed insofar as appealed from.

Order and judgment dated June 24, 1985, affirmed.

The defendant is awarded one bill of costs.

As this court recently noted, claims of persistent unfair settlement practices such as those alleged by the plaintiff in this matter are the exclusive province of the New York State Superintendent of Insurance and may not give rise to an independent cause of action for punitive damages under the rule in Walker v. Sheldon ( 10 N.Y.2d 401) (see, Insurance Law § 2601; Kurrus v. CNA Ins. Co., 115 A.D.2d 593; Riffat v. Continental Ins. Co., 104 A.D.2d 301).

We have reviewed the plaintiff's remaining contentions and find them to be without merit. Lazer, J.P., Brown, Rubin and Eiber, JJ., concur.


Summaries of

Mavroudis v. State Wide Insurance Company

Appellate Division of the Supreme Court of New York, Second Department
Jun 9, 1986
121 A.D.2d 433 (N.Y. App. Div. 1986)
Case details for

Mavroudis v. State Wide Insurance Company

Case Details

Full title:MARY MAVROUDIS, Appellant, v. STATE WIDE INSURANCE COMPANY, Respondent

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

Date published: Jun 9, 1986

Citations

121 A.D.2d 433 (N.Y. App. Div. 1986)

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