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COHEN v. UNDERWRITING ASSN.

65 A.D.2d 71 (1978)

Sue S. Cohen et al., Doing Business as 868 Union Ave. Realty Co., Appellants-Respondents, v. New York Property Insurance Underwriting Association, Respondent-Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

November 28, 1978

Attorney(s) appearing for the Case

Ralph J. Palmer of counsel (Battle, Fowler, Jaffin, Pierce & Kheel, attorneys), for appellants-respondents.

Alan Jay Martin of counsel (Karen L. Bennett with him on the brief; Abrams & Martin, P. C., attorneys), for respondent-appellant.

MURPHY, P. J., and YESAWICH, J., concur with SULLIVAN, J.; LUPIANO, J., dissents in an opinion.

SULLIVAN, J.

At issue are the merits of a complaint seeking punitive damages from an insurer based on its conduct in the handling of a claim under the New York standard fire insurance policy. Plaintiffs insureds contend that the insurer's unreasonable delay in the processing of their claim constituted a willful, wanton and malicious breach of its contractual obligations, causing them great mental anguish and distress...

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