Dinhofer v. Medical Liability Mutual Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*481Plaintiff’s claims against the MLMIC defendants of fraud, deceitful business practices, and breach of their duty to defend him in good faith are barred by the doctrine of equitable estoppel. The MLMIC defendants established that in reasonable reliance upon plaintiff’s execution of the consent to settle the underlying medical malpractice action they made a prejudicial change in their position by, inter alia, disbanding the advisory committee that, pursuant to the policy, would have resolved the matter of settlement absent plaintiff’s consent, and paying to settle the claim against him (see…
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- In re GuttenplanAppellate Division of the Supreme Court of the State of New York · 1995
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