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GORDON v. NATIONWIDE MUT. INS. CO.

30 N.Y.2d 427 (1972)

Gerald Gordon, as Receiver of the Rights and Assets of Louis Porter, Respondent-Appellant, v. Nationwide Mutual Insurance Company, Appellant-Respondent.

Court of Appeals of the State of New York.

Decided June 1, 1972.

Attorney(s) appearing for the Case

Benjamin H. Siff and Thomas R. Newman for appellant-respondent.

Joel Martin Aurnou and Barry I. Fredericks for respondent-appellant.

Judges SCILEPPI and JASEN concur with Judge BERGAN; Chief Judge FULD concurs in an opinion; Judge BREITEL dissents in part and votes to reverse and grant a new trial in a separate opinion in which Judges BURKE and GIBSON concur.

BERGAN, J.

Recovery in this action on behalf of the insured Louis Porter by his receiver against the insurer Nationwide Mutual Insurance Company rests on a breach of good faith in the performance of its liability insurance contract by the company in managing the defense of liability claims against Porter.

The claimed breach of the implied obligation of the insurer to perform its contract of insurance...

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