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INDEMNITY INSURANCE COMPANY OF NORTH AMERICA v. TRANSCONTINENTAL INSURANCE COMPANY

24 A.D.3d 121 (2005)

804 N.Y.S.2d 737

INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, Appellant, v. TRANSCONTINENTAL INSURANCE COMPANY et al., Respondents.

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

December 1, 2005.

The record lacks any pattern or indicia of defendants' reckless or conscious disregard for plaintiff's rights (see Pavia v. State Farm Mut. Auto. Ins. Co., 82 N.Y.2d 445, 453-454, 456 [1993]). We reject plaintiff's argument that defendants knew they had no defense to liability when the attorney they assigned decided not to call the accident reconstruction expert he had retained. While such an expert might have made the defense of...

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