HNRK Coverage Corner
Posts in Unfair Claims Settlement Practices.
On November 8, 2017, the Second Circuit issued a decision in Nick's Garage, Inc. v. Progressive Casualty Ins., Case No. 15-1426-cv, holding that Section 2601(a) of the New York Insurance Law, which prohibits insurers from "engag[ing] in unfair claim settlement practices," but provides no private right of action, does not preempt a claim against an insurer for "deceptive acts or practices" under Section 349 of the General Business Law.
In Nick's Garage, a car repair shop (the "Garage") brought suit against an automobile insurer as assignee of certain claims for repairs to damaged ...
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