Monday, December 6, 2010

There is No Such Thing...

BREACH OF CONTRACT – FIRST-PARTY LITIGATION
McGowan v. Great N. Ins. Co.

(2nd Dept., decided 11/30/2010)

... as a separate cause of action in tort for an insurer's failure to perform its obligations under an insurance contract. So reminds the Second Department, Appellate Division:
The Supreme Court should have granted that branch of the appellant's motion which was for summary judgment dismissing the plaintiffs' third cause of action insofar as asserted against it for failure to state a cause of action (see Light v Light, 64 AD3d 633). There is no separate cause of action in tort for an insurer's failure to perform its obligations under an insurance contract (see Zawahir v. Berkshire Life Insurance Co., 22 AD3d 841, 842).

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