Shapiro, Paul vs. Berkshire Life Insurance Company
Year 1999
Court U.S. Court of Appeals, 2nd Circuit
Case Number 99-7980(L)
Issue
  • Attorney's Fees
  • Section 349 of General Business Code
State
  • New York

Section 349 of the General Business Code makes it possible for insurance companies to be compelled to pay the legal costs of policyholders who successfully sue their insurance companies. It is very important that this section of the business code be enforced fully and fairly. The policyholder should not be required to prove an extensive pattern of conduct by the insurance company in order to invoke Section 349.