ELM INSURANCE COMPANY v. GEICO DIRECT


23 A.D.3d 219 (2005)

805 N.Y.S.2d 34

ELM INSURANCE COMPANY, as Subrogee of GENERAL ELECTRIC CAPITAL AUTO LEASE, an Unincorporated Division of GENERAL ELECTRIC CAPITAL CORPORATION, Respondent, v. GEICO DIRECT et al., Defendants, and GEICO GENERAL INSURANCE COMPANY, Appellant.

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

November 10, 2005.


Plaintiff, in its capacity as excess liability insurer, paid $700,000 to settle the underlying action. The defense of the action was handled by lawyers retained by the primary liability insurer, defendant-appellant GEICO, which, in connection with the settlement, paid its policy limit of $100,000. Alleging that defendant and the law firm it retained misinformed plaintiff regarding the status of the case and the extent of the injuries involved, failed to inform plaintiff that...

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