FELIBERTY v. DAMON


129 A.D.2d 207 (1987)

Mario Feliberty, Appellant, v. Mason D. Damon et al., Defendants, and Medical Malpractice Insurance Association, Respondent

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

July 10, 1987


Attorney(s) appearing for the Case

Siller & Galian (Edward Galian of counsel), for appellant.

Brown & Kelly (Judith Treger Shelton of counsel), for respondent.

DILLON, P. J., GREEN, BALIO and DAVIS, JJ., concur.


CALLAHAN, J.

In this appeal we are called upon to address two issues: first, whether an insured has a cause of action for breach of contract and bad faith against his insurer when, contrary to his wishes, the insurer compromises and settles a verdict against its insured within the monetary limits of the insured's policy, rather than pursuing an appeal as requested by the insured, and second, whether an insured...

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