Legal Opinion
Carmella M. Pinto v. Allstate Insurance Company
Court of Appeals for the Second Circuit
Decided July 26, 2000No. 1998PublishedCited by 190 opinions
1Opinion of the Court
Judge JACOBS dissents in a separate opinion.
CARDAMONE, Circuit Judge:
We confront on this appeal whether an insurance company acted in good faith when it refused to settle a negligence claim against its insured. Because of the company’s refusal, judgment was entered against the insured for the amount by which the plaintiffs award exceeded the policy limits. Although an insurance company has a contractual obligation to defend its insured, it also has a contractually defined limit of exposure to plaintiffs suit. An insurer has an economic incentive not to settle, hoping a jury will bring in a…
2Cases cited27 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Gray v. Nationwide Mutual InsuranceSupreme Court of Pennsylvania · 1966
- Gordon v. Nationwide Mutual InsuranceNew York Court of Appeals · 1972
- Pavia v. State Farm Mutual Automobile InsuranceNew York Court of Appeals · 1993
22 more not listed; retrieve them via the Exa API.
3Cited by190 opinions
- Edward E. Lucente, Plaintiff-Appellee-Cross-Appellant v. International Business MacHines Corporation, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 2002
- Marvel Characters, Inc., Plaintiff-Counter-Defendant-Appellee v. Joseph H. Simon, Defendant-Counter-Claimant-AppellantCourt of Appeals for the Second Circuit · 2002
- Bowen-Hooks v. City of New YorkDistrict Court, E.D. New York · 2014
- Butler, Fitzgerald & Potter v. Sequa Corp.Court of Appeals for the Second Circuit · 2001
- Schwartz v. Liberty Mutual InsuranceCourt of Appeals for the Second Circuit · 2008
185 more not listed; retrieve them via the Exa API.