DiBLASI v. AETNA LIFE & CAS.


147 A.D.2d 93 (1989)

Virginia DiBlasi, Plaintiff, and Joseph P. Caldara et al., Respondents-Appellants, v. Aetna Life and Casualty Insurance Company, Appellant-Respondent

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

May 22, 1989


Attorney(s) appearing for the Case

J. Russell Clune, P. C. (Vincent J. Aceste, Kevin Conklin and Sharon A. Scanlan of counsel), for appellant-respondent.

Jack Strauss for respondents-appellants.

MOLLEN, P. J., THOMPSON and RUBIN, JJ., concur.


SPATT, J.

The measure of damages in a "bad faith" case involving a solvent insured against whom a judgment in an amount in excess of the policy limits has been rendered is the amount of the judgment in excess of the policy limits plus interest. Accordingly, in this case, the plaintiffs Joseph Caldara and Denise Castiello (now Denise Caldara) are not entitled to consequential damages for emotional distress or...

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