SOTO v. STATE FARM INS. CO.


195 A.D.2d 992 (1993)

600 N.Y.S.2d 407

Ilde A. Soto, Individually and as Administratrix of The Estate of Nelson Rivera, Deceased, et al., Appellants, v. State Farm Insurance Company, Respondent

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

July 16, 1993


Judgment unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted defendant's motion for summary judgment dismissing the complaint in this action alleging defendant's bad faith in refusing to settle the underlying tort action within the policy limits. It is undisputed that plaintiffs have been paid the full amount of the compensatory damages awarded to them in the underlying tort action. They are not entitled, as assignees of the insured...

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