Agulnick Kremin P.C. Secures Significant Victory in Insurance Dispute Case

MELVILLE, N.Y. - July 30, 2025 - PRLog -- Agulnick Kremin P.C., a leading law firm representing plaintiffs in insurance disputes, is pleased to announce a significant victory in the case of Depaola v. Otsego Mutual Fire Insurance Company (Index No. EF2025-270) in the Supreme Court of New York, Greene County. On July 28, 2025, the court denied the defendant's motion to dismiss the plaintiff's claims for deceptive business practices under General Business Law § 349 and punitive damages, marking a critical win for policyholders facing wrongful claim denials.

In this case, Agulnick Kremin's client alleged that Otsego Mutual Fire Insurance Company wrongfully denied her homeowner's insurance claim by rescinding her policy based on alleged misrepresentations. The court's decision to uphold the § 349 claim affirms that allegations of a pattern of bad faith claim denials and misleading policy practices sufficiently state a cause of action under New York's consumer protection law. Additionally, the court's refusal to dismiss the five-million-dollar punitive damages demand underscores the potential for insurers to face significant consequences for conduct that harms policyholders.

"This ruling is a powerful affirmation of our client's right to hold insurance companies accountable for deceptive practices," said Scott E. Agulnick, Esq., of https://agulnickkremin.com/. "The court's decision to sustain the GBL § 349 and punitive damages claims sends a clear message that insurers cannot evade responsibility for bad faith conduct that undermines the trust of policyholders."

The decision strengthens protections for consumers in New York by recognizing the viability of claims against insurers who engage in misleading practices. Agulnick Kremin P.C. remains committed to advocating for policyholders and ensuring that insurance companies honor their obligations.