Cappano v. Phoenix Assurance Co.

Memorandum: This is an appeal by plaintiff from a judgment dismissing the complaint entered upon a jury verdict of no cause of action. Plaintiff’s action is for damages representing the excess recovery against him over policy limits on a negligence claim resulting from the defendant liability carrier’s failure in good faith to protect the interests of the plaintiff in the course of settlement negotiations and in the course of trial. The policy was for $10,000 and the verdict against plaintiff was for $10,000 in the husband’s derivative action and $18,000 in the wife’s action. While Item 11(a)…