Legal Opinion
Brochstein v. Nationwide Mutual Insurance Company
District Court, E.D. New York
Decided March 22, 1967No. 63 C 865PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM
DOOLING, District Judge.
Plaintiff assureds seek to recover from their casualty insurer the amount in excess of the insurance policy limits that they paid to settle an adverse judgment in a personal injury ease. The claim is based on the insurer’s failure to accept an offer to settle the case before verdict at 80% of the policy limits. The verdict, full but not legally excessive, was for 190% of the policy limits and, with interest and costs (for the case was a death case), came to over 212% of the policy. The facts, separately found, disclose no mismanagement of the investigation of…
2Cases cited23 opinions
- Prashker v. United States Guarantee Co.New York Court of Appeals · 1956
- Brassil v. . Maryland Casualty Co.New York Court of Appeals · 1914
- Melville Harris, as Trustee in Bankruptcy of Leonard Massello and William Massello v. Standard Accident and Insurance CompanyCourt of Appeals for the Second Circuit · 1961
- Best Building Co. v. Employers' Liability Assurance Corp.New York Court of Appeals · 1928
- Auerbach v. . Maryland Casualty Co.New York Court of Appeals · 1923
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3Cited by2 opinions
- Browdy v. State-Wide InsuranceNew York Supreme Court · 1968
- Bates v. Merchants Mutual Insurance CompanyDistrict Court, N.D. New York · 1967