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.
New York Insurance Bad Faith and Deceptive Practices Claims
New York Law Journal
May 7, 2012
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