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Date: 06-21-2023
Case Style:
Case Number: 2:23-cv-00294-MKB-SIL
Judge: Margo K. Brodie
Court: United States District Court for the Eastern District of New York (Nassau County)
Plaintiff's Attorney:
Defendant's Attorney: April Theresa Villaverde and Matthew Christian Ferlazzo for Evanston Insurance Company
Christopher Thomas Bradley and Dylan J. Murphy for Atlantic Casualty Insurance Company
Gregory Joseph Spaun for Parkside Holdings Valley Stream, LLC and Paramount Construction Corp.
Description: Central Islip, New York insurance law lawyer represented Plaintiff who sued Defendants on bad faith breach of insurance contract theory.
This case was filed in the Queens Supreme Court, 724616/2022 and was removed to federal court.
New York bad faith insurance law is a complex area of law that regulates the conduct of insurance companies when they deal with claims made by their policyholders. The law seeks to protect policyholders from being treated unfairly by their insurers, and to ensure that insurers act in good faith and fair dealing when handling claims.
Under New York law, there are two main types of bad faith claims that can be brought against an insurer:
First-party bad faith: This type of claim arises when an insurer fails to pay a valid claim made by its policyholder. For example, an insurer might refuse to pay a claim for property damage that was caused by a covered peril, or it might delay paying a claim for medical expenses.
Third-party bad faith: This type of claim arises when an insurer fails to settle a claim against its policyholder within the policy limits. For example, an insurer might refuse to settle a claim for personal injury that was caused by its policyholder, or it might low-ball a settlement offer.
In order to succeed in a bad faith claim, the policyholder must prove that the insurer acted with a "conscious indifference" to the policyholder's rights. This means that the insurer must have known that it was not acting in good faith, but it did not care.
If a policyholder is successful in a bad faith claim, they may be awarded damages, including:
The amount of the claim that was denied or underpaid;
Interest on the denied or underpaid claim;
Punitive damages; and
The policyholder's attorneys' fees.
Bad faith insurance claims can be complex and difficult to prove. If you believe that your insurer has acted in bad faith, you should consult with an experienced attorney to discuss your legal options.
Here are some examples of bad faith insurance practices in New York:
Refusing to pay a claim without conducting a reasonable investigation.
Failing to settle a claim within the policy limits, even when liability is clear.
Delaying or denying payment of a claim for an unreasonable amount of time.
Failing to provide the policyholder with information about their rights under the policy.
Lying to the policyholder about the status of their claim.
If you believe that your insurer has engaged in any of these bad faith practices, you should contact an attorney to discuss your legal options.
Google Bard
Outcome: ORDER DISMISSING CASE. In light of the 20 Letter MOTION of Voluntary Dismissal, this case is dismissed without prejudice. Plaintiff's 9 MOTION to Remand is dismissed as moot. Ordered by Chief Judge Margo K. Brodie on 6/21/2023. (FP) (Entered: 06/21/2023)
Plaintiff's Experts:
Defendant's Experts:
Comments: