McLAUGHLIN v. AM. INT'L LIFE ASSURANCE CO. OF NEW YORK


181 A.D.2d 444 (1992)

Joseph McLaughlin, as Executor of Emanuel A. Morse, Deceased, Appellant, v. American International Life Assurance Company of New York, Respondent

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

March 5, 1992


The action seeks to recover on a life insurance policy that defendant insurer is refusing to honor because it believes that decedent misrepresented the state of his health on his application for insurance. The IAS court properly dismissed the causes of action for punitive damages and treble damages for an alleged RICO violation. Punitive damages may not be recovered where, as here, plaintiff fails to allege sufficient facts to...

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