Kumar v. American Transit Insurance

Memorandum: Plaintiffs commenced this action seeking damages incurred as the result of alleged acts of bad faith by defendant, the insurer of plaintiffs’ assignor, in refusing to settle the underlying personal injury action. Defendant appeals from an order granting plaintiffs’ motion for summary judgment on the complaint. Contrary to defendant’s contention, an action seeking damages for an insurer’s bad faith refusal to settle an underlying action may be resolved by a motion for summary judgment (see e.g. Lavaud v Country-Wide Ins. Co., 29 AD3d *1450745 [2006]; Little Princess Express Cab…