Petrilli v. Adirondack Ins. Exchange,
2018 WL 2322773 (N.Y.Sup.), 2018 N.Y. Slip Op. 30941(U) (NY Sup.
Ct., Nassau Co., May 16, 2018)
This decision involves a first-party property insurance dispute
in which plaintiff-insureds claimed their building sustained
damage from a collapse that was covered under their
policy. The insurer, Adirondack, disagreed because its
engineers found the loss was caused by an excluded peril.
The insureds sued Adirondack and its parent company,
National General. Aside from claiming that defendants
breached the insurance contract, the insureds alleged fraud on the
ground that Adirondack's engineer allegedly changed the cause
of the loss in his report at the request of Adirondack, ostensibly
a move that supported Adirondack's decision to disclaim
coverage. The insureds also asserted causes of action for
violations of NY General Business Law § 349 and NY Unfair
Claims Settlement Act, as well as breach of the duty of good faith
and fair
