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GREENIDGE v. ALLSTATE INS. CO.

No. 02 Civ. 9796(JCF).

312 F.Supp.2d 430 (2004)

Gail GREENIDGE and Geary Greenidge, Plaintiffs, v. ALLSTATE INSURANCE COMPANY, Defendant.

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

February 19, 2004.

Attorney(s) appearing for the Case

Bertram Herman, Esq., Bertram Herman, PC, Mount Kisco, NY, for Plaintiffs.

Austin O. Ugweches, Esq., Barry I. Levy, Esq., Shapiro, Beilly, Rosenberg, Aronowitz, Levy & Fox LLP, New York City, for Defendant.

MEMORANDUM OPINION AND ORDER

FRANCIS, United States Magistrate Judge.

The question in this case is a novel one: does an insurer act in bad faith when it rejects a demand that would make its contribution to a settlement contingent upon the outcome of a subsequent declaratory judgment action in which the limits of liability under the relevant policy would be established? Although no case has decided this...

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