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PINTO v. ALLSTATE INS. CO.

Docket No. 98-9356

221 F.3d 394 (2000)

Carmella M. PINTO, Plaintiff-Appellant, v. ALLSTATE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: July 26, 2000.

Attorney(s) appearing for the Case

Philip Russotti, New York, New York (William P. Hepner, Wingate, Russotti & Shapiro, New York, New York, of counsel), for Plaintiff-Appellant.

Evan H. Krinick, Uniondale, New York (Cheryl F. Korman, Rivkin, Radler & Kremer, Uniondale, New York; Howard J. Newman, Saretsky Katz Dranoff & Glass, L.L.P., New York, New York, of counsel), for Defendant-Appellee.

Before: CARDAMONE, JACOBS, and STRAUB, Circuit Judges.

Judge JACOBS dissents in a separate opinion.

CARDAMONE, Circuit Judge:

We confront on this appeal whether an insurance company acted in good faith when it refused to settle a negligence claim against its insured. Because of the company's refusal, judgment was entered against the insured for the amount by which the plaintiff's award exceeded the policy limits. Although an insurance company has a contractual obligation to defend its insured, it also has a contractually...

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