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SMITH v. GEN. ACCIDENT INS. CO.

244 A.D.2d 402 (1997)

664 N.Y.S.2d 605

David Smith et al., Respondents, v. General Accident Insurance Company, Appellant

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

November 10, 1997

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

Ordered that the motion is granted, and upon reargument, it is

Ordered that the unpublished decision and order of this Court dated August 18, 1997, is recalled and vacated and the following decision and order is substituted therefor:

In an action to recover damages for bad faith in refusing to settle an underlying personal injury action, the defendant appeals...

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