AMERICAN TRANSIT INSURANCE COMPANY v. ASSOCIATED INTERNATIONAL INSURANCE COMPANY


261 A.D.2d 251 (1999)

690 N.Y.S.2d 237

AMERICAN TRANSIT INSURANCE COMPANY, Appellant, v. ASSOCIATED INTERNATIONAL INSURANCE COMPANY, Respondent.

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

Decided May 18, 1999.


Following the conclusion of arbitration proceedings upon its breach of contract claim against defendant insurer, plaintiff, having prevailed in the arbitration and having obtained a compensatory award, moved in the instant action for summary judgment on liability with respect to its demand for punitive damages. The action was properly dismissed. Wrongful though defendant's breach of the parties' contract may have been, the pleaded allegations do not suffice as a predicate...

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