Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly denied the defendant's motion for summary judgment. There is a question of fact as to whether the insurer's investigation of the claim constituted a "`gross disregard' of the insured's interests — that is, a deliberate or reckless failure to place on equal footing the interests of its insured with its own interest when considering a settlement offer" (Pavia...
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