AFFILIATED F.M. INS. CO., INC. v. HARTFORD ACCIDENT & INDEM. CO.


226 A.D.2d 292 (1996)

642 N.Y.S.2d 211

Affiliated F.M. Insurance Co., Inc., Appellant, v. Hartford Accident and Indemnity Co., Respondent, et al., Defendant

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

April 30, 1996


Plaintiff, a third-level excess insurance carrier, failed to make a prima facie showing of bad-faith failure by defendant primary insurer to settle the underlying medical malpractice action (see, Pavia v State Farm Mut. Auto. Ins. Co., 82 N.Y.2d 445, 453-455). Defendant offered the full amount of its policy with the insured, a hospital, early in the malpractice proceedings. That...

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