JOLICOEUR v. AM. TRANSIT INS. CO.


159 A.D.2d 236 (1990)

Claude Jolicoeur, Respondent, and Sandra Lester, Respondent-Appellant, v. American Transit Insurance Company, Appellant-Respondent

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

March 6, 1990


Summary judgment was properly denied. Questions of fact exist as to whether or not defendant's conduct, in stating in open court that there was $500,000 in total coverage, allowing that representation to stand uncorrected for three years, and then stating, on the eve of trial, that it did not know whether or not there was more than $100,000 in coverage, constitutes actionable bad faith (see, DiBlasi v Aetna Life & Cas. Ins. Co., 147 A.D...

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