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  5. 91 N.Y.2d 648 (1998)
 

SMITH v. GEN. ACC INS CO

91 N.Y.2d 648 (1998)

697 N.E.2d 168

674 N.Y.S.2d 267

David Smith et al., Appellants, v. General Accident Insurance Company, Respondent.

Court of Appeals of the State of New York.

Decided June 11, 1998.

Attorney(s) appearing for the Case

Schapiro & Reich, Lindenhurst (Perry S. Reich of counsel), for appellants.

Lieber & Lieber, New York City (Eugene H. Lieber of counsel), for respondent.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE and CIPARICK concur; Judge TITONE taking no part.

WESLEY, J.

New York Pattern Jury Instruction 4:67 provides that, in determining whether an insurer has acted in bad faith in refusing to settle a claim on behalf of its insured, the jury may consider a number of factors, including "whether [the insurer] had informed [the insured] of the amount for which [the opposing party] was prepared to settle his claim and of course...

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