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DOWNEY v. ALLSTATE INS. CO.

No. 86 Civ. 0525 (CLB).

638 F.Supp. 322 (1986)

Gertrude DOWNEY and George Downey, Plaintiffs, v. ALLSTATE INSURANCE COMPANY, Defendant.

United States District Court, S.D. New York.

July 22, 1986.

Attorney(s) appearing for the Case

Leonard J. Birbrower, Alan I. Lamer, Birbrower, Montalbano, Condon & Frank, P.C., New City, N.Y., for plaintiffs.

Charles Platto, Steven Lieberman, Cahill Gordon & Reindel, New York City, for defendant.

MEMORANDUM AND ORDER

BRIEANT, Judge.

By cross motions for summary judgment fully submitted on July 7, 1986, this Court is asked to decide whether Circular Letter No. 13, which was issued by the New York Superintendent of Insurance and distributed to insurance companies such as the defendant Allstate Insurance Company ("Allstate"), has the force and effect of law so as to create a private right of action in the insured in the event the letter's directions...

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