Legal Opinion
New England Insurance v. Healthcare Underwriters Mutual Insurance
District Court, E.D. New York
Decided June 26, 2001No. 98-CV-2234PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OF DECISION AND ORDER
SPATT, District Judge.
In this case, a jury has found that a casualty carrier, insuring a hospital in a medical malpractice case, is liable for “bad faith” for refusing to settle a case in which the injuries in the underlying action were devastating, and would expose the carrier to substantial damages well in excess of its coverage, but where the liability against the hospital was sharply disputed. This case of original impression, presents the question of whether a bad faith claim in New York State requires the plaintiff to prove, as an element of the cause of…
2Cases cited25 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Reeves v. Sanderson Plumbing Products, Inc.Supreme Court of the United States · 2000
- Hill v. St. Clare's HospitalNew York Court of Appeals · 1986
- Carmella M. Pinto v. Allstate Insurance CompanyCourt of Appeals for the Second Circuit · 2000
- Arthur Hollander v. American Cyanamid CompanyCourt of Appeals for the Second Circuit · 1999
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3Cited by3 opinions
- New England Insurance Company v. Healthcare Underwriters Mutual Insurance CompanyCourt of Appeals for the Second Circuit · 2002
- New England Insurance v. Healthcare Underwriters Mutual InsuranceCourt of Appeals for the Second Circuit · 2002
- New England Insurance v. Healthcare Underwriters Mutual InsuranceDistrict Court, E.D. New York · 2004