Calo v. State Farm Mutual Automobile Insurance

In an action to recover damages for bad faith in refusing to settle an insurance claim, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (McCarty, J.), entered May 23, 1995, as denied its motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied the defendant’s motion for summary judgment. There is a question of fact as to whether the insurer’s investigation of the claim constituted a " 'gross disregard’ of the insured’s interests —…