Decker v. Amalgamated Mutual Casualty Insurance

Memorandum. The order of the Appellate Division should be modified to the extent of reinstating Supreme Court’s denial of respondent insurer’s motion for summary judgment dismissing the third cause of action for alleged bad faith refusal to settle a claim of liability within policy limits. Appellant is deemed, on the papers before us, to have abandoned the second cause of action based on alleged negligent refusal to settle.

We agree with Mr. Justice Fred J. Munder at the Appellate Division that issues of fact are presented on this record which preclude summary judgment. The applicable standard…