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LITTLE PRINCESS EXPRESS CAB CORP. v. AMERICAN TRANSIT INSURANCE COMPANY

12 A.D.3d 266 (2004)

785 N.Y.S.2d 430

LITTLE PRINCESS EXPRESS CAB CORP., Appellant, v. AMERICAN TRANSIT INSURANCE COMPANY, Respondent.

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

November 18, 2004.

Plaintiff insured failed to make any showing that a demand for settlement was made, and that the insured lost an actual opportunity to settle the claim at a time when all serious doubts about its liability were removed, each of which is a requirement for a bad-faith action for failure to settle (Pavia v State Farm Mut. Auto. Ins. Co., 82 N.Y.2d 445, 454 [1993]). On the contrary, defendant...

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