Legal Opinion

Gordon v. Nationwide Mutual Insurance

New York Court of Appeals

Decided June 1, 1972PublishedCited by 165 opinions

1Opinion of the CourtBerg-ax, J.

Recovery in this action on behalf of the insured Louis Porter by his receiver against the insurer Nationwide Mutual Insurance Company rests on a breach of good faith in the performance of its liability insurance contract by the company in managing the defense of liability claims against Porter.

The claimed breach of the implied obligation of the insurer to perform its contract of insurance in good faith rests on its refusal to settle negligence claims against Porter within the policy limits of $20,000.

The refusal, in turn, was based on the insurance company’s assertion the policy had been…

2Cases cited22 opinions

  1. Comunale v. Traders & General InsuranceCalifornia Supreme Court · 1958
  2. Kirke La Shelle Co. v. Paul Armstrong Co.New York Court of Appeals · 1933
  3. Van Valkenburgh, Nooger & Neville, Inc. v. Hayden Publishing Co.New York Court of Appeals · 1972
  4. Brassil v. . Maryland Casualty Co.New York Court of Appeals · 1914
  5. Underhill v. . SchenckNew York Court of Appeals · 1924

17 more not listed; retrieve them via the Exa API.

3Cited by165 opinions

  1. K.M.C. Co., Inc. v. Irving Trust CompanyCourt of Appeals for the Sixth Circuit · 1985
  2. Carmella M. Pinto v. Allstate Insurance CompanyCourt of Appeals for the Second Circuit · 2000
  3. Pavia v. State Farm Mutual Automobile InsuranceNew York Court of Appeals · 1993
  4. John W. Riordan Jane Fox v. Nationwide Mutual Fire Insurance CompanyCourt of Appeals for the Second Circuit · 1992
  5. Cifarelli v. Village of BabylonCourt of Appeals for the Second Circuit · 1996

160 more not listed; retrieve them via the Exa API.

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