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NEW ENGLAND INS. v. HEALTHCARE UNDERWRITERS MUT.

No. 98-CV-2234.

146 F.Supp.2d 280 (2001)

NEW ENGLAND INSURANCE CO., Plaintiff, v. HEALTHCARE UNDERWRITERS MUTUAL INSURANCE, Defendant.

United States District Court, E.D. New York.

June 26, 2001.

Attorney(s) appearing for the Case

Rivkin, Radler & Kremer, LLP by David Richman and Lee S. Siegel, Uniondale, NY, for Plaintiff.

Mcaloon & Friedman, PC by Lawrence W. Mumm, Gillian Fisher and Timothy J. O'Shaughnessy, New York City, for Defendant.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

In this case, a jury has found that a casualty carrier, insuring a hospital in a medical malpractice case, is liable for "bad faith" for refusing to settle a case in which the injuries in the underlying action were devastating, and would expose the carrier to substantial damages well in excess of its coverage, but where the liability against the hospital was sharply disputed. This case of original impression...

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