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TRANSCARE NEW YORK, INC. v. FINKELSTEIN, LEVINE & GITTLESOHN & PARTNERS

23 A.D.3d 250 (2005)

804 N.Y.S.2d 63

TRANSCARE NEW YORK, INC., Respondent, v. FINKELSTEIN, LEVINE & GITTLESOHN & PARTNERS et al., Defendants, and EAGLE INSURANCE COMPANY et al., Appellants.

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

November 15, 2005.

The evidence shows that counsel for the plaintiff in the underlying action proposed to settle her claims against the present plaintiff's predecessor in interest, Arips, Inc., well below the policy limit and that the offer was rejected by defendant insurer Eagle, leading to the commencement of the underlying litigation in which a verdict well in excess of the policy limit was rendered against Arips. In addition, it appears that Eagle's counsel did not investigate the merits...

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