Simpson Thacher Attorneys Author Article on Application of New York General Business Law §349 on Insurance Litigation
Partner Joshua Polster and Associates Andrew Marrero and Abigail Grise authored an article, “Application of New York General Business Law §349 in the Context of Recent Insurance Coverage Litigation,” which was published in the New York Law Journal Insurance Law Special Report. The article addressed how certain New York courts have recently allowed New York General Business Law Section §349 unfair trade practice claims against insurers to survive motions to dismiss. It explored this recent development, as well as the basis on which these claims have been allowed to proceed, whether it is consistent with the General Business Law doctrine and the implications for attorneys litigating New York insurance coverage disputes. The article concluded that the recent decisions threaten to expand application of Section 349 into private contract disputes, well beyond its historical parameters and those set by the New York Court of Appeals.
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