McKINNON v. INTL FID INS CO


182 Misc.2d 517 (1999)

704 N.Y.S.2d 774

BELINDA G. McKINNON, on Behalf of Herself and All Others Similarly Situated, Plaintiff, v. INTERNATIONAL FIDELITY INSURANCE COMPANY et al., Defendants.

Supreme Court, New York County.

October 8, 1999.


Attorney(s) appearing for the Case

Brobeck Phleger & Harrison, L. L. P., New York City (Lawrence E. Fenster, Beth D. Jacob and Karen Solimando of counsel), for International Fidelity Insurance Company, defendant.

Milberg Weiss Bershad Hynes & Lerach, L. L. P., New York City (Brad N. Friedman and Elaine S. Kusel of counsel), and Kavanagh Maloney & Osnato L. L. P., New York City (Ronald G. Blum of counsel), for plaintiff.


OPINION OF THE COURT

BARRY A. COZIER, J.

Defendant International Fidelity Insurance Company (IFIC) moves, pursuant to CPLR 3211 (a) (7), to dismiss the complaint for failure to state a cause of action.

FACTUAL ALLEGATIONS

Plaintiff Belinda G. McKinnon brings this class action on behalf of herself and all others similarly situated, against IFIC and two of its agents, Montgomery Carlin and David Morgan, alleging that defendants charged McKinnon...

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