NACHBAUR v. AMERICAN TRANSIT INSURANCE COMPANY


300 A.D.2d 74 (2002)

752 N.Y.S.2d 605

EDWIN NACHBAUR, Appellant, v. AMERICAN TRANSIT INSURANCE COMPANY, Respondent.

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

Decided December 10, 2002.


This action is related to a personal injury action pending in Civil Court stemming from a car accident in which plaintiff, a pedestrian, was allegedly injured. Plaintiff's verified complaint in this action seeks recovery from the driver's insurance company for, inter alia, bad faith breach of the driver's insurance contract in refusing to settle for an amount above the limit set forth in the policy.

The verified complaint was properly dismissed in its entirety. There...

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