Preview
FILED: ULSTER COUNTY CLERK 06/11/2024 03:29 PM INDEX NO. EF2024-1542
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2024
NEWYORKSTATE Index No.
COURT:ULSTERCOUNTY
SUPREME Date Purchased:
Plaintiff designates
LUIS A. NUNEZHERNANDEZ, Ulster County as the place of trial
Plaintiff,
Residence of Plaintiff is basis for venue
-against-
SUMMONS
STATEFARMMUTUALAUTOMOBILE
INSURANCE
COMPANY,
Defendant.
YOUAREHEREBYSUMMONED
to answer the complaint in this action and to serve a copy
of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance,
on the Plaintiff's Attorney within 20 days after the service of this summons, exclusive of the day of
service (or within 30 days after the service is complete if this summonsis not delivered topersonally
you within the State of NewYork); and in the case of your failur appear or answer, judgment will
be taken against you by default for the relief demanded herein.
Dated: June 11, 2024
Kingston, NewYork
JOHNA. De SPERIS, ESQ.
BASCH& GAN, LLP
Attorneys fo Plaintiff(s)
Office and . Address
.
307 Clinton venue
P.O. Box 42
Kingston, NewYork 12402
Tel: (845) 338-8884
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FILED: ULSTER COUNTY CLERK 06/11/2024 03:29 PM INDEX NO. EF2024-1542
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2024
NEWYORKSTATE
COURT:ULSTERCOUNTY
SUPREME
LUIS A. NUNEZHERNANDEZ,
Plaintiff, COMPLAINT
-against-
Index No.
STATEFARMMUTUALAUTOMOBILE
INSURANCECOMPANY,
Defendant.
The Plaintiff, LUIS A. NUNEZHERNANDEZas , and for his Complaint,
complaining of the Defendant, STATEFARMMUTUALAUTOMOBILEINSURANCE
COMPANY,does hereby respectfully allege and show to the Court the following:
1. The Plaintiff, Luis A. Nunez Hernandez, is a resident of Ulster County, New
York.
2. The Defendant, State Farm Mutual Automobile Insurance Company ("State
Farm") is a foreign corporation authorized to do business in the state of NewYork with a
principal place of business located in Bloomington, Illinois.
3. The Defendant, State Farm, is authorized to conduct business and sell insurance
products in the state of NewYork.
4. On or
about February 8, 2024, the Plaintiff was involved in a car crash with a
vehicle operated by the tortfeasor, Willie C. North.
5. The Plaintiff was driving a 2004 Nissan Sentra at the time of the accident.
6. As a result of the accident, the Plaintiff sustained serious injuries rendering him
unable to return to work.
7. At the time of the accident, the Plaintiff was insured under a policy issued by
State Farm (Policy Number 341519152A) that included Personal Injury Protection
("PIP") coverage pursuant to NewYork State's Insurance Law.
8. The Plaintiff duly and timely filed with State Farm a loss of wage claim.
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FILED: ULSTER COUNTY CLERK 06/11/2024 03:29 PM INDEX NO. EF2024-1542
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2024
9. In response, State Farm assigned a claim number (Claim Number 52-63G8-52X).
10. State Farm also assigned a claim handler to handle and process the Plaintiff's
claim.
11. Despite the filing of the claim and providing allnecessary documentation, State
Farm has failed to communicate with the Plaintiff regarding the status of his claim.
12. State Farm has neither accepted nor denied the claim in a timely manner,
affectedly denying the claim by inaction.
AS IN FORFIRST CAUSEOFACTION
13.The Plaintiff repeats and realleges each and every allegation set forth in
paragraph one through twelve as if fully set forth herein.
14. The Plaintiff and the Defendant entered into a valid and binding insurance
contact (Policy Number 341519152A).
15. The Plaintiff has performed all conditions required under the contract.
16. The Defendant breached the contract by failing to timely communicate, accept, or
deny the Plaintiff's claim for lost wages.
17. As a direct and proximate result of the Defendant's breach, the Plaintiff has
suffered damages, including but not limited, lost wages and other benefits due under the
policy.
AS IN FORSECOND
CAUSEOFACTION
Unfair Claim Practices
18.The Plaintiff repeats and realleges each and every allegation set forth in
paragraphs one through twelve as if fully set forth herein.
19.The Defendant has a duty under NewYork State's Insurance Law to act in good
faith and deal fairly with claimants.
20. The Defendant violated NewYork Insurance Law (NY-INS § 2601) an engaged in
unfair claim practices by failing to timely investigate and process Plaintiff's claim.
21.The Defendant engaged in deceptive acts and practices in violation of general
business law § 349.
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FILED: ULSTER COUNTY CLERK 06/11/2024 03:29 PM INDEX NO. EF2024-1542
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2024
As a result of the Defendant's
22. unfair claim practices, the Plaintiff has suffered
damages including but not limited to, financial loss and emotional distress.
WHEREFORE,the Plaintiff demands judgment against the Defendant for
compensatory damages in an amount to be determined at trial; punitive damages for the
Defendant's violation of New York State's Insurance and Business Laws; interests, costs,
and disbursements of this action; attorney' fees; and such other and further relief as to
this Court deems just and proper.
Dated: June 11, 2024
Kingston, NewYork
Yours, etc.,
JOHNA. DeG SPERIS, ESQ.
BASCH& K AN, LLP
Attorney for Pl ntiffs
Office and .O. ddress
307 Clinton Ævel ue
P.O. Box 4235
Kingston, New
ork 12402
Tel: (845) 338-8884
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Preview
FILED: ULSTER COUNTY CLERK 06/11/2024 03:29 PM INDEX NO. EF2024-1542 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2024 NEWYORKSTATE Index No. COURT:ULSTERCOUNTY SUPREME Date Purchased: Plaintiff designates LUIS A. NUNEZHERNANDEZ, Ulster County as the place of trial Plaintiff, Residence of Plaintiff is basis for venue -against- SUMMONS STATEFARMMUTUALAUTOMOBILE INSURANCE COMPANY, Defendant. YOUAREHEREBYSUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff's Attorney within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summonsis not delivered topersonally you within the State of NewYork); and in the case of your failur appear or answer, judgment will be taken against you by default for the relief demanded herein. Dated: June 11, 2024 Kingston, NewYork JOHNA. De SPERIS, ESQ. BASCH& GAN, LLP Attorneys fo Plaintiff(s) Office and . Address . 307 Clinton venue P.O. Box 42 Kingston, NewYork 12402 Tel: (845) 338-8884 1 of 4 FILED: ULSTER COUNTY CLERK 06/11/2024 03:29 PM INDEX NO. EF2024-1542 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2024 NEWYORKSTATE COURT:ULSTERCOUNTY SUPREME LUIS A. NUNEZHERNANDEZ, Plaintiff, COMPLAINT -against- Index No. STATEFARMMUTUALAUTOMOBILE INSURANCECOMPANY, Defendant. The Plaintiff, LUIS A. NUNEZHERNANDEZas , and for his Complaint, complaining of the Defendant, STATEFARMMUTUALAUTOMOBILEINSURANCE COMPANY,does hereby respectfully allege and show to the Court the following: 1. The Plaintiff, Luis A. Nunez Hernandez, is a resident of Ulster County, New York. 2. The Defendant, State Farm Mutual Automobile Insurance Company ("State Farm") is a foreign corporation authorized to do business in the state of NewYork with a principal place of business located in Bloomington, Illinois. 3. The Defendant, State Farm, is authorized to conduct business and sell insurance products in the state of NewYork. 4. On or about February 8, 2024, the Plaintiff was involved in a car crash with a vehicle operated by the tortfeasor, Willie C. North. 5. The Plaintiff was driving a 2004 Nissan Sentra at the time of the accident. 6. As a result of the accident, the Plaintiff sustained serious injuries rendering him unable to return to work. 7. At the time of the accident, the Plaintiff was insured under a policy issued by State Farm (Policy Number 341519152A) that included Personal Injury Protection ("PIP") coverage pursuant to NewYork State's Insurance Law. 8. The Plaintiff duly and timely filed with State Farm a loss of wage claim. 2 of 4 FILED: ULSTER COUNTY CLERK 06/11/2024 03:29 PM INDEX NO. EF2024-1542 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2024 9. In response, State Farm assigned a claim number (Claim Number 52-63G8-52X). 10. State Farm also assigned a claim handler to handle and process the Plaintiff's claim. 11. Despite the filing of the claim and providing allnecessary documentation, State Farm has failed to communicate with the Plaintiff regarding the status of his claim. 12. State Farm has neither accepted nor denied the claim in a timely manner, affectedly denying the claim by inaction. AS IN FORFIRST CAUSEOFACTION 13.The Plaintiff repeats and realleges each and every allegation set forth in paragraph one through twelve as if fully set forth herein. 14. The Plaintiff and the Defendant entered into a valid and binding insurance contact (Policy Number 341519152A). 15. The Plaintiff has performed all conditions required under the contract. 16. The Defendant breached the contract by failing to timely communicate, accept, or deny the Plaintiff's claim for lost wages. 17. As a direct and proximate result of the Defendant's breach, the Plaintiff has suffered damages, including but not limited, lost wages and other benefits due under the policy. AS IN FORSECOND CAUSEOFACTION Unfair Claim Practices 18.The Plaintiff repeats and realleges each and every allegation set forth in paragraphs one through twelve as if fully set forth herein. 19.The Defendant has a duty under NewYork State's Insurance Law to act in good faith and deal fairly with claimants. 20. The Defendant violated NewYork Insurance Law (NY-INS § 2601) an engaged in unfair claim practices by failing to timely investigate and process Plaintiff's claim. 21.The Defendant engaged in deceptive acts and practices in violation of general business law § 349. 3 of 4 FILED: ULSTER COUNTY CLERK 06/11/2024 03:29 PM INDEX NO. EF2024-1542 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2024 As a result of the Defendant's 22. unfair claim practices, the Plaintiff has suffered damages including but not limited to, financial loss and emotional distress. WHEREFORE,the Plaintiff demands judgment against the Defendant for compensatory damages in an amount to be determined at trial; punitive damages for the Defendant's violation of New York State's Insurance and Business Laws; interests, costs, and disbursements of this action; attorney' fees; and such other and further relief as to this Court deems just and proper. Dated: June 11, 2024 Kingston, NewYork Yours, etc., JOHNA. DeG SPERIS, ESQ. BASCH& K AN, LLP Attorney for Pl ntiffs Office and .O. ddress 307 Clinton Ævel ue P.O. Box 4235 Kingston, New ork 12402 Tel: (845) 338-8884 4 of 4