United States Second Circuit
Shady Grove Orthopedic Assoc. v. Allstate Ins. Co., 070141
In a class action claim for statutory penalties under section 5106(a) of New York insurance law against defendant-Allstate Insurance Company, grant of motion to dismiss is affirmed where: 1) section 901(b) of the New York Civil Practice Law and Rules may be applied in a federal court sitting in diversity jurisdiction and adjudicating claims under state law; and 2) section 5016(a) did not fall within the exception clause of section 901(b).
Appellate Information
- Decided 11/19/2008
- Published 11/19/2008
Judges
Court
- United States Second Circuit