Document Type

Article

Publication Title

Albany Law Review

Abstract

The article discusses the U.S. Supreme Court case Shady Grove Orthopedic Assocs., P.A. v. Allstate Ins. Co. regarding class-wide enforcement of penalty clauses. In this case, plaintiff filed suit in federal court for a recovery amount of damages in an insurance action. It examines how the district court resolved New York's ban on penalty class actions and highlights New York's provision for late settlement of insurance claims in the form of compensatory payment or a penalty.

First Page

1703

Volume

74

Publication Date

2011

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