Legal Opinion
Faraino v. Centennial Insurance
New York Supreme Court
Decided December 3, 1982PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Herbert Kramer, J.
Does any duty beyond mere payment devolve upon an insurer who receives a loan receipt executed by its insured, purporting to give it exclusive control over the claims of the insured?1
*298In a case of first impression in the State, this court holds that a duty of good faith is created.
BACKGROUND
During the critical period, two pleasure craft were docked alongside one another. Each was insured for the perils pertinent hereto by virtually identical carriers.
Due to the alleged negligence of the defendant boat owner, a fire erupted on his craft severely damaging…
2Cases cited15 opinions
- Gordon v. Nationwide Mutual InsuranceNew York Court of Appeals · 1972
- Ocean Accident & Guarantee Corp. v. Hooker Electrochemical Co.New York Court of Appeals · 1925
- Skauge v. Mountain States Telephone & Telegraph Co.Montana Supreme Court · 1977
- Best Building Co. v. Employers' Liability Assurance Corp.New York Court of Appeals · 1928
- Auerbach v. . Maryland Casualty Co.New York Court of Appeals · 1923
10 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Hatch v. State Farm Fire & Casualty Co.Wyoming Supreme Court · 1992
- Moll v. US Life Title Ins. Co. of New YorkDistrict Court, S.D. New York · 1987
- Continental Casualty Co. v. Superior CourtCalifornia Court of Appeal · 1987
- Faraino v. Centennial InsuranceAppellate Division of the Supreme Court of the State of New York · 1984
- Royal Globe Insurance v. RzhevskyCivil Court of the City of New York · 1983