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ROLDAN v. ALLSTATE INS. CO.

149 A.D.2d 20 (1989)

Celia Roldan, Respondent, v. Allstate Insurance Company, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 3, 1989

Attorney(s) appearing for the Case

Pizzitola & Di Blasi, P. C. (Vincent A. Di Blasi and Lawrence B. Lame on the brief), for appellant.

Paul S. Mirman, P. C. (Michele Turchin of counsel), for respondent.

MOLLEN, P. J., SULLIVAN and HARWOOD, JJ., concur.

BRACKEN, J.

Where an insurer, acting in bad faith, refuses to settle an underlying personal injury action against its insured for a sum within the limits of its policy, and where, as a result, the insured is exposed to liability in excess of the policy limits, then a cause of action in favor of the insured and against the insurer may arise (see, e.g., Kulak v Nationwide Mut. Ins. Co.,

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