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Before: Rivera, J.P., Florio, Dickerson, Austin, JJ. http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=120491 PLAINTIFFS’ home in Nassau County’s Village of Roslyn was covered under Allstate Insurance Co.’s Deluxe Plus Homeowners’ Policy when a 2005 storm caused a hillside to collapse that destroyed a retaining wall and caused other damage. Among the claims in their 2007 lawsuit, plaintiffs alleged, in their third cause of action, that the policy’s requirement that they protect Allstate’s subrogation interest while their claim was investigated compelled them to sue the village before the statute of limitations expired, thus “in effect forc[ing] Plaintiffs to litigate a claim on Allstate’s behalf if Allstate’s investigation of the claim exceeds the statute of limitations” in violation of General Business Law §349. On Jan. 21, 2009, Supreme Court denied dismissal of plaintiff’s third cause of action. The Second Department affirmed. It determined plaintiffs stated a claim under GBL §349 by alleging that Allstate’s failure to reach a timely decision was part of a pattern and practice to force claimants to litigate claims in order to prevent forfeiture of coverage for a covered loss under the Deluxe Homeowners Policy.

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