DiBlasi v. Aetna Life & Casualty Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Spatt, J.
The measure of damages in a "bad faith” case involving a solvent insured against whom a judgment in an amount in excess of the policy limits has been rendered is the amount of the judgment in excess of the policy limits plus interest. Accordingly, in this case, the plaintiffs Joseph Caldara and Denise Castiello (now Denise Caldara) are not entitled to consequential damages for emotional distress or punitive damages. Nor are they entitled to consequential damages relating to their credit standing or the loss of an opportunity to obtain a mortgage to finance the…
2Cases cited30 opinions
- Walker v. SheldonNew York Court of Appeals · 1961
- Kirke La Shelle Co. v. Paul Armstrong Co.New York Court of Appeals · 1933
- Kenford Co. v. County of ErieNew York Court of Appeals · 1989
- Gordon v. Nationwide Mutual InsuranceNew York Court of Appeals · 1972
- Best Building Co. v. Employers' Liability Assurance Corp.New York Court of Appeals · 1928
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3Cited by33 opinions
- Pavia v. State Farm Mutual Automobile InsuranceNew York Court of Appeals · 1993
- Roldan v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1989
- Geler v. National Westminster Bank USADistrict Court, S.D. New York · 1991
- MEDICAL MUTUAL LIABILITY INS. SOC. OF MARYLAND v. EvansCourt of Appeals of Maryland · 1993
- Ben and Audrey Delancy, as Co-Administrators and on Behalf of Estate of Dr. Herman Delancy v. St. Paul Fire & Marine Insurance Co.Court of Appeals for the Eleventh Circuit · 1991
28 more not listed; retrieve them via the Exa API.