Wiener v. Unumprovident Corp.

How courts have described this case

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

• holding that New York does not recognize an independent tort action for bad faith denial of insurance coverage
• dismissing IIED claim where defendant terminated plaintiff’s disability benefits and framing the case as a “true contract case[] recast in tort”
• finding “plaintiff’s cause of action for breach of contract is not entirely moot” because “standard recovery in such insurance coverage cases includes past due benefits plus interest” and “defendants never paid interest on the withheld payments”
• “Under New York law, an independent tort action for bad faith denial of insurance coverage is not recognized.”
• “Under New York law, an independent tort action for bad faith denial of insurance coverage is not recognized.”
• “As New York does not recognize bad faith denial of coverage as an independent tort, and because plaintiff has failed to state an underlying tort cause of action upon which punitive damages could be grounded, plaintiff fails to state a claim under New York law.”

Source: CourtListener parenthetical corpus (CC0).