Murphy and Nunez, JJ., dissent in the following memorandum by Murphy, J.:
Plaintiff brought this action to recover damages for the defendant's bad faith in failing to settle the claim of the estate of Knibestol after its insured, Anthony Dachille, had been found liable in negligence by the jury. As a result of the defendant's failure to settle for the maximum amount of its coverage, the plaintiff was ultimately required to pay the sum of $107,155.53 in excess coverage...
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