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Twenty-five years ago, in Riordan v. Nationwide Mutual Fire Ins. Co., 977 F.2d 47 (2d Cir. 1992), the U.S. Court of Appeals for the Second Circuit ruled that New York General Business Law §349—one of the most powerful consumer fraud provisions of New York law—was applicable to insurance companies’ interactions with policyholders. In Riordan, the circuit court affirmed a jury verdict against an insurer and rejected the insurer’s argument that §349 could not be used against insurance companies because of the pervasive statutory scheme regulating unfair and deceptive acts and practices by insurance companies.
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