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PAR Tech. Corp. v. Travelers Property Cas. Co. of Am.

Insurer Is Denied Claims' Dismissal; Damages Request Did Not Foreclose Declaratory Relief

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MEMORANDUM DECISION AND ORDER I. Introduction Plaintiffs PAR Technology Corporation and ParTech, Inc. commenced this diversity action against defendants Travelers Property Casualty Company of America, Travelers Indemnity Company of Connecticut, and The Travelers Indemnity Company, alleging claims for breach of contract, bad faith,¹ and violation of New York General Business Law §349. (Am. Compl., Dkt. No. 28.) Plantiffs requested declaratory relief and an award of attorney’s fees. (Id. at 18.) Now pending is defendants’ pre-answer partial motion to dismiss. (Dkt. No. 35.) For the reasons that follow, the motion is denied. II. Background A. Facts² Defendants issued one-year insurance policies to plaintiffs each year from 2013 to 2019. (Am. Compl.

12-14.) The policies were “standard policies available to and marketed to consumers located in New York State,” (id. 72), and each policy provided that defendants would defend plaintiffs and pay damages in suits related to “personal and advertising injur[ies],” (id. 18). In 2019, plaintiffs were sued in federal court for allegedly violating the Illinois Biometric Privacy Act. (Id.

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