Newham v. Nationwide Mutual Insurance

Appeal from an order of the Supreme Court at Special Term, entered December 23, 1976 in Sullivan County, which granted a motion for summary judgment dismissing the complaint. The plaintiffs seek to secure damages from the defendant upon the ground that it failed to defend and otherwise properly carry out its contractual obligations as insurer because of bad faith in failing to offer the policy limits ($10,000) in settlement of a negligence action brought against the plaintiffs by a third party. It is undisputed that the plaintiff, Paul Newham, advised the defendant that he struck the car of…