DI SICURTA v. MED. MALPRACTICE INS. ASS'N


237 A.D.2d 140 (1997)

655 N.Y.S.2d 353

Riunione Adriatica Di Sicurta et al., Respondents, v. Medical Malpractice Insurance Association, Appellant

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

March 11, 1997


The court properly determined that the conflicting factual assertions required a jury determination of whether defendant primary insurer's acts and/or omissions constituted a gross disregard of the insured's interests amounting to bad faith (Pavia v State Farm Mut. Auto. Ins. Co., 82 N.Y.2d 445, 452-454; Hartford Ins. Co. v General Acc. Group Ins. Co., 177 A.D.2d 1046

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