Legal Opinion
New England Insurance v. Healthcare Underwriters Mutual Insurance
District Court, E.D. New York
Decided September 4, 2004No. 9:98-cv-02234Published
1Opinion of the Court
ORDER
SPATT, District Judge.
In what may be a novel ruling, the Court must determine the date from which prejudgment interest is computed pursuant to New York Civil Practice Law and Rules (“N.Y.C.P.L.R.”) § 5001 in an insurance “bad faith” action when the underlying medical malpractice action was settled and no judgment was entered.
On December 20, 2000, a jury returned a verdict in favor of the plaintiff New England Insurance Company (“New England” or the “plaintiff’) and against the defendant Healthcare Underwriters Mutual Insurance Company (“Healthcare” or the “defendant”) based on its “bad…
2Cases cited11 opinions
- Donald L. Terwilliger, Jr., Plaintiff-Appellee-Cross-Appellant v. Donald L. Terwilliger, III and John Terwilliger, Defendants-Appellants-CrossCourt of Appeals for the Second Circuit · 2000
- Prager v. New Jersey Fidelity & Plate Glass Insurance Co. of NewarkNew York Court of Appeals · 1927
- Roldan v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1989
- New England Insurance Company v. Healthcare Underwriters Mutual Insurance CompanyCourt of Appeals for the Second Circuit · 2003
- Spodek v. Park Property Development AssociatesNew York Court of Appeals · 2001
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