The New York Court of Appeals will hear the following appeals today, among others:
Friedman v. Connecticut Gen. Life Ins. Co.
The insured brought action against disability insurer, alleging a claim for breach of contract. The Appellate Division, First Department determined that the Relation of Earnings to Insurance” (REI) clause was not unenforceable because its location in the policy did not comply with statutory requirements as to location of an exception or reduction to benefits.
Reliance Ins. Co. v. Polyvision Corp.
The Court will address the following question that the United States Court of Appeals for the Second Circuit certified:
Does New York CPLR205(a) allow a corporation to refile an action within six months when a previous, timely-filed action has mistakenly been commenced inthe name of a different, related corporate entity, and has been dismissed for naming the wrong plaintiff?
The Court will tackle whether there is an independent cause of action to recover damages for spoliation of evidence (see prior post).