Legal Opinion
Greenidge v. Allstate Insurance
District Court, S.D. New York
Decided February 19, 2004No. 02 Civ. 9796(JCF)PublishedCited by 21 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
FRANCIS, United States Magistrate Judge.
The question in this case is a novel one: does an insurer act in bad faith when it rejects a demand that would make its contribution to a settlement contingent upon the outcome of a subsequent declaratory judgment action in which the limits of liability under the relevant policy would be established? Although no case has decided this precise issue under New York law, the convergence of several well-established principles lead to the conclusion that an insurer can refuse such a demand without violating its good faith…
2Cases cited26 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
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- First Nat. Bank of Ariz. v. Cities Service Co.Supreme Court of the United States · 1968
- Carole Tomka v. The Seiler Corporation, Daniel Lucey, David Polonsky and Timothy ConroyCourt of Appeals for the Second Circuit · 1995
21 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Gail Greenidge and Geary Greenidge v. Allstate Insurance Company, Docktet No. 04-1515 CvCourt of Appeals for the Second Circuit · 2006
- Villar v. City of New YorkDistrict Court, S.D. New York · 2015
- Kellman v. Metropolitan Transportation AuthorityDistrict Court, S.D. New York · 2014
- Simpson v. Town of Warwick Police DepartmentDistrict Court, S.D. New York · 2016
- Ernie Haire Ford, Inc. v. Universal Underwriters InsuranceDistrict Court, M.D. Florida · 2008
16 more not listed; retrieve them via the Exa API.