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ODINGO v. ALLSTATE INS. CO.

251 A.D.2d 81 (1998)

672 N.Y.S.2d 727

Stephen T. Odingo et al., Appellants, v. Allstate Insurance Company, Respondent

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

June 9, 1998

The first and second causes of action for breach of contract and breach of the covenant of good faith and fair dealing are duplicative (see, New York Univ. v Continental Ins. Co., 87 N.Y.2d 308, 319-320), and were properly dismissed for failure to allege any policy provision that defendant failed to perform, or defendant's awareness of the falsity of the independent medical examinations that were being supplied to it by a...

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