INSURANCE CAUSES OF ACTION
Types for Causes of Action:
- Insurance Policy
- Insurance Broker Liability
- Insurance Broker Malpractice
- Insurance Carrier Defrauded or Exploited
- Insurance Carrier Supplying Defense of Suit
- Insurance Carrier’s Bad Faith
- Insurance Claim Wrongfully Delayed or Denied
- Insurance Policy Rescission
- Insurance Policy Terminated Without Notice to Insured
- Insurer Wrongfully Disclosing Confidential Information
- Life or Health Insurance Obtained by Fraud
- New York State Prompt Pay Law
- Subrogation

I. INSURANCE POLICY
Elements to prove:
- a contract for insurance;
- of indemnity to the insured;
- such as the insured is entitled to compensation;
- for such losses caused by the perils insured; and
- against the right to recover being equal to the loss sustained.
II. INSURANCE BROKER LIABILITY
Elements to prove from an insurance broker for failing to obtain appropriate or sufficient coverage:
- a special relationship exists where
- broker received compensation from the insured, other than a commission; or
- there was a discussion between the broker and insured regarding coverage where the insured relied upon the broker’s expertise or advice; or
- a course of dealing existed indicating reasonable notice to the broker that his or her advice was sought and relied upon;
- the broker did not provide the appropriate or sufficient coverage; and
- the insured was damaged.
III. INSURANCE BROKER MALPRACTICE
Elements to prove for damages arising from an insurance broker’s malpractice or breach of contract:
- against a broker;
- based on the broker’s failure to procure a particular type of coverage;
- plaintiff made a specific request; and
- the request was to the broker for that coverage.
IV. INSURANCE CARRIER DEFRAUDED OR EXPLOITED
Elements to prove:
- the policy issued to the insured is rendered void where;
- the insured has willfully and fraudulently;
- placed in the proofs of loss;
- a statement of property lost that
- it did not possess; or
- has placed a false and fraudulent value upon the articles it did own.
V. INSURANCE CARRIER SUPPLYING DEFENSE OF SUIT
Elements to prove:
- the underlying complaint;
- when liberally construed;
- sets forth any claim;
- reasonably said to fall within;
- coverage of insurance policy; or
- if carrier has actual knowledge of facts that tend to establish reasonable possibility of coverage.
Menu of Causes of Action in Law
- Causes of Action
- I. Fiduciary
- II. Attorney
- III. Banking
- IV. Constitutional
- V. Contract or Quasi-Contract
- VI. Corporate and Partnership
- VII. Damage Related
- VIII. Employer Employee
- IX. Equitable
- X. Family Matrimonial
- XI. Insurance
- XII. Judicial
- XIII. Real Property
- XIV. Statutory
- XV. Tort
- XVI. Trust Estate
- XVII. Defenses
VI. INSURANCE CARRIER’S BAD FAITH
Elements to prove, when carrier refuse to settle:
- the insurance carrier’s conduct;
- constituted a gross disregard;
- that the insurer engaged in a pattern of behavior evincing a conscious or knowing indifference;
- to the probability that an insured would be held personally accountable for a large judgment if a settlement offer within the policy limits were not accepted;
- of the policyholder’s interests.
VII. INSURANCE CLAIM WRONGFULLY DELAYED OR DENIED
Elements to prove a disclaim liability or deny coverage for injury under an insurance policy, the insurer must prove:
- provide written notice;
- as soon as is reasonably possible; and
- provide the reason for such disclaimer of liability or denial of coverage.
VIII. INSURANCE POLICY RESCISSION
Elements to prove in order to establish the rescission of an insurance policy:
- insured made;
- a material;
- misrepresentation, regardless of innocence or intent to deceive, so that;
- plaintiff would not have issued the policy; and
- if it knew the misrepresented facts.
IX. INSURANCE POLICY TERMINATED WITHOUT NOTICE TO INSURED
Elements to prove:
- in absence of proper notice of cancellation;
- insurer was required;
- to provide coverage for insured.
X. INSURER WRONGFULLY DISCLOSING CONFIDENTIAL INFORMATION
Elements to prove:
- disclosing;
- confidential information;
- of an insured to;
- third parties; or
- for inducing physicians to disclose confidential information.
XI. LIFE OR HEALTH INSURANCE OBTAINED BY FRAUD
Elements to prove that insurer is not liable:
- for payments on;
- a life or health insurance policy;
- where the insured;
- made material misstatements;
- on the application for insurance.
XII. NEW YORK STATE PROMPT PAY LAW
Elements to prove:
- there is a reasonably;
- clear and non-fraudulent;
- bill or obligation to pay.
XIII. SUBROGATION
Elements to prove:
- an insurer;
- having paid losses of its insured;
- is placed in the position of its insured;
- so that it may recover from the third party;
- that is legally responsible for the loss.
the above is an abstract from the Encyclopedia of New York Causes of Action by Ernest Edward Badway, 2018 edition.