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KULAK v. NATIONWIDE INS. CO.

40 N.Y.2d 140 (1976)

Sylvia A. Kulak, Respondent-Appellant, v. Nationwide Mutual Insurance Company, Appellant-Respondent.

Court of Appeals of the State of New York.

Decided June 15, 1976.

Attorney(s) appearing for the Case

John M. Freyer and Robert J. Hunt for appellant-respondent.

Terry D. Smith for respondent-appellant.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, WACHTLER and COOKE concur with Judge JONES; Judge FUCHSBERG dissents and votes to affirm in a separate opinion.

JONES, J.

The question presented on this appeal is one of first instance — to what extent, if any, may expert opinion be introduced in actions against an insurer for failure to settle an automobile liability claim within policy limits?

About 5:30 A.M. on July 15, 1962 plaintiff was seriously and permanently injured in a one-car accident when the vehicle in which she was riding as a passenger, owned...

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