Scott D. Greenspan, Jeffrey M. Winn and James Mirro of Sedgwick write: Most insureds who sue to collect insurance benefits contend that the insurer has engaged in a breach of contract. The recent trend, however, has insureds increasingly alleging tort or statutory-based claims, designed to obtain extra-contractual damages, such as the attorney fees incurred in establishing policy coverage. A survey of New York law indicates that three types of bad faith claims have been recognized, including excess verdict claims, disputed coverage claims, and statutory claims.
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New York Insurance Bad Faith and Deceptive Practices Claims
New York Law Journal
May 7, 2012
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