977 F.2d 47
John W. RIORDAN; Jane Fox, Plaintiffs-Appellees,
NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Defendant-Appellant.
No. 1793, Docket 92-7160.
United States Court of Appeals,
Argued Aug. 10, 1992.
Decided Oct. 2, 1992.
Neil A. Goldberg, Buffalo, N.Y. (Lawrence A. Schulz, Richard J. Cohen, Saperston & Day, of counsel), for defendant-appellant.
Jonathan J. Wilkofsky, New York City (Mark L. Friedman, David B. Karel, Wilkofsky, Friedman, Karel & Cummins, of counsel), for plaintiffs-appellees.
Eugene R. Anderson and Leonard W. Stewart, New York City (Anderson Kill Olick & Oshinsky, P.C., of counsel), submitted a brief for amici curiae Beverly Brooks, et al. in support of plaintiffs-appellees.
Before: WINTER, MINER, and McLAUGHLIN, Circuit Judges.
MINER, Circuit Judge:
1. Defendant-appellant Nationwide Mutual Fire Insurance Company appeals from a judgment entered on January 15, 1992 after a jury trial in the United States District Court for the Southern District of New York (Brieant, Ch. J.), awarding a total of $349,304.34 in damages and $174,652.17 in attorney’s fees to plaintiffs-appellees John Riordan and Jane Fox (the “Riordans”). The Riordans, a married couple, commenced this action after their house and its contents suffered severe damage as a result of a fire. The Riordans initially made a claim under their homeowners insurance policy with Nationwide. After six months elapsed without settlement of their claim, the Riordans brought this action, alleging that Nationwide breached the insurance contract and committed deceptive acts and practices in violation of N.Y.Gen.Bus.Law § 349 (McKinney 1988) (“GBL § 349”). The Riordans sought compensatory, statutory and punitive damages as well as the attorney’s fees permitted by GBL § 349(h). At the close of trial, the jury returned a verdict in favor of the Riordans, awarding compensatory and punitive damages in addition to damages under GBL § 349. The district court then approved an attorney’s fees award.
A. Applicability of GBL § 349
B. Attorney’s Fees Award Under GBL § 349
C. Punitive Damages
UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
Docket No. 92-7160
Filed October 2, 1992
Dated at New York, New York, this ___ day of ___, 1992.
Clerk of the United States Court of Appeals for the Second Circuit.