NY Univ. v. CONT'L INS CO

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that requirement was not met because claim involved only a private contract dispute as to policy coverage
• holding that allegations of breach of contract “and any covenants implied” do not sound in fraud
• concluding that because the amended complaint failed to state a tort independent of the contract, the court had “no occasion to address the sufficiency of the complaint’s claim for punitive damages under the remaining prongs . . . .”
• holding that a defendant may be liable in tort where it breaches a duty of reasonable care distinct from its contractual obligations, and where it engages in tortious conduct separate and apart from its failure to fulfill its contractual obligations
• holding that to state a claim for punitive damages from a breach of contract, “the threshold task for a court considering defendant’s motion to dismiss a cause of action for punitive damages is to identify a tort independent of the contract”
• holding that to state a claim for punitive damages from a breach of contract, “the threshold task for a court considering defendant’s motion to dismiss a cause of action for punitive damages is to identify a tort independent of the contract”

Source: CourtListener parenthetical corpus (CC0).