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SECURITY MUTUAL LIFE INSURANCE COMPANY OF NEW YORK v. DiPASQUALE

283 A.D.2d 182 (2001)

724 N.Y.S.2d 594

SECURITY MUTUAL LIFE INSURANCE COMPANY OF NEW YORK, Respondent, v. CHRISTOPHER E. DiPASQUALE, Appellant. (And Another Action.)

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided May 3, 2001.

The proposed counterclaim under General Business Law § 349 is not viable because the counterclaim "essentially alleges a private contract dispute over policy coverage that is unique to the parties, rather than conduct that affects consumers at large" (see, Korn v First UNUM Life Ins. Co., 277 A.D.2d 355, 356). This case is about a decision as to coverage, made on the basis of facts concerning this particular insured (see...

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