Extra-Contractual Claims in Policy Dispute
Trim v. New York Property Insurance Underwriting Ass’n, Index No. 718936/2019 (N.Y. Sup. Ct. Sept. 23, 2020)
The plaintiff sued New York Property Insurance Underwriting Association for additional recovery after NYPIUA paid for damage caused by a covered windstorm. In addition to his causes of actions for payment, he alleged multiple causes of action for extra-contractual damages. NYPIUA succeeded in dismissing claims for negligent misrepresentation, unjust enrichment and unfair claims settlement practices on various grounds, including failure to state a claim and the existence of no private right of action for unfair claims settlement practices.