Henegan v. Merchants Mutual Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtTilzer, J.
The issue posed by the present appeal is whether an action may be maintained against an insurance company for its bad faith and/or fraud in failing to settle a negligence case in the absence of a showing that the plaintiff insured has paid the excess judgment recovered against him. The court below answered this question in the negative and accordingly dismissed the complaint at the close of plaintiffs’ case on the sole ground of a failure of proof of loss.
This question has not been passed on by the courts of this State, although some 40 years ago the Court of Appeals ruled that an insurance…
2Cases cited17 opinions
- Gray v. Nationwide Mutual InsuranceSupreme Court of Pennsylvania · 1966
- Brown v. Guarantee InsuranceCalifornia Court of Appeal · 1957
- Harvey Thomas Smoot, Jr. v. State Farm Mutual Automobile Insurance CompanyCourt of Appeals for the Fifth Circuit · 1962
- Southern Fire & Casualty Co. v. NorrisCourt of Appeals of Tennessee · 1952
- 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
12 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Carmella M. Pinto v. Allstate Insurance CompanyCourt of Appeals for the Second Circuit · 2000
- Dicola v. American Steamship Owners Mutual Protection & Indemnity Ass'n (In Re Prudential Lines, Inc.)District Court, S.D. New York · 1994
- Hernandez v. Great American Insurance Co. of New YorkTexas Supreme Court · 1971
- Roldan v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1989
- Thurston v. Continental Casualty Co.Supreme Judicial Court of Maine · 1989
17 more not listed; retrieve them via the Exa API.