Legal Opinion
Smith v. General Accident Insurance
New York Court of Appeals
Decided June 11, 1998PublishedCited by 34 opinions
1Opinion of the Court
OPINION OF THE COURT
Wesley, J.
New York Pattern Jury Instruction 4:67 provides that, in determining whether an insurer has acted in bad faith in refusing to settle a claim on behalf of its insured, the jury may consider a number of factors, including “whether [the insurer] had informed [the insured] of the amount for which [the opposing party] was prepared to settle his claim and of course the negotiations with [the opposing party].” This case requires us to examine the propriety of this aspect of the PJI charge. We hold that, on the facts of this case, the trial court’s charge was…
2Cases cited9 opinions
- Gordon v. Nationwide Mutual InsuranceNew York Court of Appeals · 1972
- Pavia v. State Farm Mutual Automobile InsuranceNew York Court of Appeals · 1993
- Brown v. Guarantee InsuranceCalifornia Court of Appeal · 1957
- Best Building Co. v. Employers' Liability Assurance Corp.New York Court of Appeals · 1928
- Commercial Union Insurance v. Liberty Mutual InsuranceMichigan Supreme Court · 1986
4 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- 511 West 232nd Owners Corp. v. Jennifer Realty Co.New York Court of Appeals · 2002
- Carmella M. Pinto v. Allstate Insurance CompanyCourt of Appeals for the Second Circuit · 2000
- Dennis Haugh v. Allstate Insurance CompanyCourt of Appeals for the Third Circuit · 2003
- New England Insurance Company v. Healthcare Underwriters Mutual Insurance CompanyCourt of Appeals for the Second Circuit · 2002
- East Ramapo Cent. Sch. Dist. v. New York Schs. Ins. ReciprocalAppellate Division of the Supreme Court of the State of New York · 2021
29 more not listed; retrieve them via the Exa API.