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ROYAL GLOBE v. RZHEVSKY

119 Misc.2d 38 (1983)

Royal Globe Insurance Company, Plaintiff, v. Swetlana Rzhevsky, Defendant.

Civil Court of the City of New York, Kings County.

April 28, 1983

Attorney(s) appearing for the Case

Dennis P. Hannafey for plaintiff. La Berteau & McLaughlin (Harry Alexander of counsel), for defendant.

IRA B. HARKAVY, J.

May an insured who alleges receipt of inadequate compensation from its insurer accept payment from the insurer and simultaneously pursue the tort-feasor for the claimed balance? In a recent decision, in this court, it was held that an implied covenant of good faith supersedes the contractual rights of exclusive subrogation (Faraino v Centennial Ins. Co., 117 Misc.2d 297). In this case,...

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