REIFENSTEIN v. ALLSTATE INS. CO.


92 A.D.2d 715 (1983)

Martin J. Reifenstein, Appellant-Respondent, v. Allstate Insurance Company, Respondent-Appellant

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

February 28, 1983


Order unanimously modified and, as modified, affirmed, with costs to plaintiff, in accordance with the following memorandum: The primary issue on this appeal is whether Special Term erred in dismissing plaintiff's first cause of action against the Allstate Insurance Company for bad faith refusal to settle a liability claim within policy limits (see CPLR 3211, subd [a], par 7). Special Term ruled that Allstate's settlement conduct did not as a matter of law constitute bad...

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