Gauthier v. Countryway Insurance

Appeal from an order of the Supreme Court (Muller, J.), entered July 12, 2011 in Clinton County, which denied defendant’s motion for, among other things, partial summary judgment.

Plaintiffs commenced this action seeking to recover damages based upon defendant’s alleged breach of contract and bad faith in settling plaintiffs’ insurance claim for fire damage to their house. Following joinder of issue and discovery, defendant moved for partial summary judgment dismissing certain claims, including plaintiffs’ claim for consequential damages, and also sought to preclude plaintiffs’ expert from…