SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF [COUNTY]
[PLAINTIFF NAME],
Plaintiff,
v.
[DEFENDANT INSURANCE COMPANY],
Defendant.
Index No.: _______
Verified Complaint
[// GUIDANCE: Replace bracketed items with client-specific information. Confirm county selection is proper under CPLR §§ 503–509.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Parties
- Jurisdiction & Venue
- Factual Allegations
- Causes of Action
6.1 Count I – Breach of Contract
6.2 Count II – Bad Faith / Breach of Implied Covenant
6.3 Count III – Deceptive Business Practices (N.Y. Gen. Bus. Law § 349)
6.4 Count IV – Declaratory Judgment (CPLR § 3001)
6.5 Count V – Injunctive Relief (CPLR Art. 63)
6.6 Count VI – Punitive Damages - Demand for Jury Trial
- Prayer for Relief
- Verification
1. DOCUMENT HEADER
1.1 Effective Date. This Verified Complaint (the “Complaint”) is filed as of [FILING DATE] in the Supreme Court of the State of New York, County of [COUNTY].
1.2 Governing Law. All claims herein arise under the insurance policy issued in New York and are governed by New York law, including without limitation the N.Y. Insurance Law and applicable common-law principles.
2. DEFINITIONS
For clarity and consistency, the following defined terms are used throughout this Complaint:
“Claim” – Plaintiff’s demand for insurance benefits arising out of the Covered Loss, first submitted to Defendant on [DATE].
“Covered Loss” – The property and/or business-interruption loss that occurred on or about [LOSS DATE] at [LOSS LOCATION] and is within the scope of the Policy.
“Insurer” or “Defendant” – [DEFENDANT INSURANCE COMPANY], including its parents, subsidiaries, adjusters, agents, and representatives.
“Insured” or “Plaintiff” – [PLAINTIFF NAME], including all additional insureds under the Policy.
“Policy” – Commercial insurance policy no. [POLICY NUMBER] issued by Defendant to Plaintiff, effective [POLICY PERIOD].
[// GUIDANCE: Add or delete definitions to match the operative facts and policy language.]
3. PARTIES
3.1 Plaintiff. [PLAINTIFF NAME] is a [ENTITY TYPE] organized under the laws of [STATE] with its principal place of business at [ADDRESS]. At all relevant times Plaintiff was the named insured under the Policy.
3.2 Defendant. [DEFENDANT INSURANCE COMPANY] is an insurance corporation authorized to transact business in New York with its principal place of business at [ADDRESS] and may be served through the New York Superintendent of Financial Services pursuant to N.Y. Ins. Law § 1212.
4. JURISDICTION & VENUE
4.1 Subject-Matter Jurisdiction. This Court has subject-matter jurisdiction under N.Y. Const. art. VI, § 7 and CPLR § 301.
4.2 Personal Jurisdiction. Defendant is subject to personal jurisdiction in New York because it is licensed to do business here, transacts substantial insurance business here, and issued the Policy to a New York insured.
4.3 Venue. Venue is proper in this County under CPLR § 503(a) because Plaintiff’s principal place of business is located here and/or the Covered Loss occurred here.
5. FACTUAL ALLEGATIONS
5.1 Issuance of the Policy. On or about [ISSUANCE DATE], Defendant issued the Policy to Plaintiff in consideration of premium paid.
5.2 Occurrence of Covered Loss. On [LOSS DATE], Plaintiff sustained the Covered Loss when [BRIEF DESCRIPTION OF PERIL AND RESULTING DAMAGE].
5.3 Timely Notice and Cooperation. Plaintiff promptly notified Defendant of the loss, provided all information requested, and otherwise cooperated fully with Defendant’s investigation.
5.4 Defendant’s Denial and Delay. Despite clear coverage under the Policy, Defendant:
(a) failed to timely investigate and adjust the Claim;
(b) engaged in dilatory tactics and unreasonable demands for duplicative documentation;
(c) wrongfully denied and/or undervalued the Claim on [DENIAL DATE]; and
(d) intentionally disregarded New York’s standards for fair claim handling set forth, inter alia, in N.Y. Ins. Law § 2601 and related regulations.
5.5 Damages. As a direct and foreseeable result of Defendant’s conduct, Plaintiff has suffered:
(a) unpaid policy benefits in the amount of $[AMOUNT];
(b) consequential damages, including but not limited to lost profits, extra-expense mitigation costs, and attorneys’ fees reasonably incurred to obtain the benefits of the Policy; and
(c) mental anguish and other incidental damages in an amount to be proved at trial.
5.6 Pattern and Practice. Upon information and belief, Defendant’s conduct is part of a broader corporate pattern of wrongful claim practices designed to reduce claim payouts and increase profits, thereby warranting punitive damages.
6. CAUSES OF ACTION
6.1 Count I – Breach of Contract
6.1.1 Plaintiff incorporates ¶¶ 1-5.6.
6.1.2 The Policy is a valid and binding contract supported by consideration.
6.1.3 Defendant breached the Policy by failing to pay covered benefits.
6.1.4 Plaintiff has performed all conditions precedent.
6.1.5 Plaintiff seeks judgment for direct and consequential damages, plus pre- and post-judgment interest under CPLR § 5001.
6.2 Count II – Bad Faith / Breach of Implied Covenant of Good Faith & Fair Dealing
6.2.1 New York law implies a covenant of good faith and fair dealing in every insurance contract.
6.2.2 Defendant violated that covenant by, inter alia, failing to adopt reasonable claim standards, ignoring clear evidence of loss, and placing its own financial interests above Plaintiff’s rights.
6.2.3 Plaintiff seeks all extra-contractual damages foreseeably flowing from Defendant’s bad-faith conduct, including attorneys’ fees.
[// GUIDANCE: Allegations must satisfy the “egregious conduct” and “general public” requirements for punitive exposure under NY law. Add particularized facts as available.]
6.3 Count III – Deceptive Business Practices (N.Y. Gen. Bus. Law § 349)
6.3.1 Defendant engaged in consumer-oriented, deceptive acts and practices by misrepresenting claim obligations and employing unfair settlement tactics.
6.3.2 Such conduct was materially misleading and caused Plaintiff injury.
6.3.3 Pursuant to N.Y. Gen. Bus. Law § 349(h), Plaintiff seeks statutory damages, treble damages (where applicable), and attorneys’ fees.
6.4 Count IV – Declaratory Judgment (CPLR § 3001)
6.4.1 An actual controversy exists regarding Defendant’s obligations under the Policy.
6.4.2 Plaintiff requests a declaration that the Policy affords coverage for the Covered Loss and that Defendant is obliged to indemnify Plaintiff in full.
6.5 Count V – Injunctive Relief (CPLR Art. 63)
6.5.1 Plaintiff lacks an adequate remedy at law for Defendant’s ongoing refusal to pay.
6.5.2 Plaintiff seeks a preliminary and permanent injunction compelling Defendant to pay undisputed amounts of the Claim and to comply with the Policy’s loss-payment provisions.
6.6 Count VI – Punitive Damages
6.6.1 Defendant’s conduct was willful, wanton, and malicious, evidencing a high degree of moral culpability and reckless disregard for Plaintiff’s rights and the rights of similarly situated insureds.
6.6.2 To deter such conduct, Plaintiff seeks punitive damages in an amount to be determined by the jury, subject to any constitutional limitations.
7. DEMAND FOR JURY TRIAL
Pursuant to N.Y. Const. art. I § 2 and CPLR § 4102, Plaintiff demands a trial by jury on all issues so triable.
8. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in its favor and against Defendant as follows:
A. Compensatory damages in an amount not less than $[AMOUNT], plus statutory interest;
B. Consequential damages, including reasonable attorneys’ fees and expert costs;
C. Statutory damages, treble damages, and attorneys’ fees under N.Y. Gen. Bus. Law § 349;
D. Punitive damages in an amount sufficient to punish and deter Defendant;
E. A declaratory judgment confirming coverage for the Covered Loss;
F. Preliminary and permanent injunctive relief compelling prompt claim payment;
G. Costs and disbursements of this action; and
H. Such other and further relief as the Court deems just and proper.
9. VERIFICATION
I, [NAME], being duly sworn, depose and state that I am the [TITLE] of [PLAINTIFF NAME]; that I have read the foregoing Complaint and know the contents thereof; and that the same is true to my knowledge, except as to matters therein stated to be alleged on information and belief, and as to those matters I believe them to be true.
Date: ___ _____
[NAME], [Title]
Sworn to before me this ___ day of __ 20
Notary Public
[// GUIDANCE: Attach notary block compliant with N.Y. RPL § 309-a. Ensure verification precedes filing per CPLR § 3020.]
EXHIBIT LIST — TO BE ANNEXED
A. Copy of Insurance Policy
B. Proofs of Loss and Correspondence with Defendant
C. Denial or Partial-Denial Letter(s)
D. Loss Documentation (estimates, invoices, photographs)
[// GUIDANCE: Exhibits should be labeled and tabbed per 22 NYCRR § 202.5-b(d) for e-filed cases.]
FILING & SERVICE CHECKLIST
• Purchase Index Number & Comply with 22 NYCRR e-filing rules
• Confirm CPLR § 305(b) notice language on the summons (draft separately)
• Serve Defendant through DFS per N.Y. Ins. Law § 1212 and CPLR § 307
• File proof of service within 20 days of service completion
• Calendar responsive pleading deadline (CPLR § 3012)
[// GUIDANCE: Always prepare a stand-alone Summons; this template covers only the Complaint.]
End of Template – Court-Ready Form