AM. ASSUR v. METLIFE GEN.


154 A.D.2d 206 (1990)

American Assurance Underwriters Group, Inc., Respondent, v. MetLife General Insurance Agency, Inc., et al., Appellants

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

March 13, 1990


Attorney(s) appearing for the Case

Joseph A. McManus of counsel (Charles F. Krause with him on the brief; Speiser, Krause, Madole & Nolan, attorneys), for respondent.

William J. Toppeta (Robert G. Dressner, Mark Alpert, David J. Larkin, Jr., and Max B. Kunn with him on the brief), for appellants.

KUPFERMAN, J. P., CARRO, ASCH and SMITH, JJ., concur.


KASSAL, J.

Implicit in all contracts is a covenant to deal fairly and in good faith. The record before us clearly establishes that plaintiff has breached this implied covenant, and we accordingly hold that defendants are entitled to summary judgment in this lawsuit brought by plaintiff to challenge their termination of contract and refusal to do further business on the basis of said breach.

Defendant...

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