Defendant’s Claims Not Viable – Lawrence V. Jose Izalde Franco Gabriciano

Lawrence v. Jose Izalde Franco Gabriciano, Nandez Trucking, Integon General Ins. Co and National General Ins. Co., Index 525877/2020 (Sup. Ct. N.Y. Co. Dec. 2, 2021)

This case arises out of a motor vehicle accident. Plaintiff asserted contractual and bad faith claims against Integon General Insurance Corporation (“IGIC”) and National General Insurance Company (“NGIC”), which insured one of the defendants, for failing to settle her claim. However, plaintiff was not insured by either IGIC or NGIC. Accordingly, IGIC and NGIC filed a pre-Answer motion to dismiss the claims against them because plaintiff lacked standing against these defendants under New York State Insurance Law §3420, and did not have a viable cause of action for bad faith. The court agreed and dismissed the plaintiff’s claims against IGIC and NGIC. The lawsuit survived as to co-defendants Jose Izalde, Franco Fabricano, and Nandez Trucking, who are not represented by Mound Cotton Wollan & Greengrass LLP.

Kevin F. Buckley and Labe Feldman represented Integon General Ins. Co and National General Insurance Co.

The decision can be read here.