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Barrett v. Zurich Am. Ins. Co.

Allegations as to No-Fault Benefits Denied Strike in Insurance Action After Accident

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DECISION & ORDER BACKGROUND On March 17, 2021, the plaintiff, Karra Barrett, commenced this action in the Supreme Court of the State of New York, County of Erie. Docket Item 1-1. She alleges that the defendant, Zurich American Insurance Company (“Zurich”), breached its insurance contract by failing to pay benefits to her and acted in bad faith in handling her insurance claim. Id. Barrett seeks actual, compensatory, consequential, and punitive damages. Id. On April 13, 2021, Zurich removed this action to this Court. Docket Item 1. Two weeks later, Zurich moved to strike certain allegations from Barrett’s complaint and to dismiss Barrett’s claim of bad faith and her request for punitive damages. Docket Items 2 and 2-2. On June 9, 2021, Barrett responded, withdrew her claim for punitive damages, and requested leave to file an amended complaint. Docket Items 5 and 5-1. On June 24, 2021, Zurich replied. Docket Items 6 and 6-1. For the following reasons, Zurich’s motion to strike is denied, its motion to dismiss Barrett’s claim for punitive damages is denied as moot, and the remainder of its motion will be granted unless Barrett amends her complaint to correct the deficiencies noted below. FACTUAL ALLEGATIONS On a motion to dismiss, the Court “accept[s] all factual allegations as true and draw[s] all reasonable inferences in favor of the plaintiff.” Trustees of Upstate New York Eng’rs Pension Fund v. Ivy Asset Mgmt., 843 F.3d 561, 566 (2d Cir. 2016) (citing City of Pontiac Policemen’s & Firemen’s Ret. Sys. v. UBS AG, 752 F.3d 173, 179 (2d Cir. 2014)). The complaint tells the following story about a car accident and subsequent insurance claim. On April 1, 2018, Barrett was a passenger in Abbas Hossainy’s car. Docket Item 1-1 at

6, 9, 12. Hossainy was driving on I-90 when a vehicle driven by Demetrius L. Bembry negligently rear-ended Hossainy’s vehicle. Id. at

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