Mark Rocanova, Respondent,
v.
Equitable Life Assurance Society of the United States, Appellant.
Marsel Mirror & Glass Products, Inc., Respondent,
v.
American International Underwriters Insurance Company, Also Known as American International Underwriters Corporation, et al., Appellants.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued March 23, 1994.
Decided May 10, 1994.
Attorney(s) appearing for the Case
Paul, Weiss, Rifkind, Wharton & Garrison, New York City (Sidney S. Rosdeitcher, Jonathan H. Hurwitz, Fay Rosenfeld and William A. Walker of counsel), and Law Office of Norman L. Tolle (Michael W. Brody of counsel), for appellant in the first above-entitled action.
Beigel Schy Lasky Cohen Rifkin & Hennessey, New York City (Philip Fertik, of the Illinois Bar, admitted pro hac vice, Herbert Beigel and Edward R. Bassetti of counsel), for respondent in the first above-entitled action.
D'Amato & Lynch, New York City (Robert E. Kushner and Jeffrey Underweiser of counsel), for appellants in the second above-entitled action.
Spizz & Cooper, Mineola (Harvey W. Spizz of counsel), for respondent in the second above-entitled action.
Windels, Marx, Davies & Ives, New York City (Craig P. Murphy and Darrell M. Joseph of counsel), for American Council of Life Insurance and others, amici curiae in the first and second above-entitled actions.
Anderson Kill Olick & Oshinsky, P. C. (Eugene R. Anderson, Robert M. Horkovich and Michael J. Keane of counsel), Robert P. Walton, New York City, and Martha Churchill, of the Illinois Bar, admitted pro hac vice, for New York University and another, amici curiae in the first and second above-entitled actions.
Charles Platto, New York City, James Kimble, of the District of Columbia Bar, admitted pro hac vice, and Keith Hopkinson, of the Illinois Bar, admitted pro hac vice, for American Insurance Association and another, amici curiae in the first and second above-entitled actions.
Kriss, Kriss & Brignola, Albany, for Alliance of American Insurers and another, amici curiae in the second above-entitled action.
Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH and LEVINE concur.
Court of Appeals of the State of New York.
CIPARICK, J.
In both of these first-party insurance actions alleging unfair claim settlement practices, the issue presented is whether plaintiffs have pleaded actionable claims for punitive damages. We conclude they have not.
I
Rocanova
In 1985, plaintiff Mark Rocanova purchased an individual disability income policy from defendant Equitable Life Assurance Society of the United...
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