Fourth Department – Insurance: Miller v. Allstate Indemnity Company

Daily Record Staff//October 20, 2015//

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Appellate Division, Fourth Department

Insurance

Bad Faith Standard – Punitive Damages

Miller v. Allstate Indemnity Company

CA 14-01841

Appealed from Supreme Court, Monroe County

Background: The plaintiffs commenced an action against the defendant after their claim for property damage to their home under the policy issued by the defendant was disclaimed and denied. The defendants appealed from the denial of its motion to dismiss.

Ruling: The Appellate Division reversed. The court held that the causes of action sounding in bad faith should have been dismissed because the complaint failed to allege a gross disregard of the insured’s interests. Further, the claim for punitive damages should also be dismissed as it is not attached to a viable cause of action.

Anthony G. Marecki of Rupp Baase Pfalzgraf Cunningham for the defendant-appellant Frank G. Montemalo for the plaitniffs-respondents

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