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LAVAUD v. COUNTRY-WIDE INSURANCE COMPANY

29 A.D.3d 745 (2006)

815 N.Y.S.2d 680

KEITLY LAVAUD, as Assignee of DON N. NIXON, Also Known as DONNON N. NIXON, Appellant, v. COUNTRY-WIDE INSURANCE COMPANY, Respondent.

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

May 16, 2006.

Ordered that the order and judgment is affirmed, with costs.

"[A]n insurer may be held liable for the breach of its duty of `good faith' in defending and settling claims over which it exercises exclusive control on behalf of its insured" (Pavia v State Farm Mut. Auto. Ins. Co., 82 N.Y.2d 445, 452 [1993]). To establish a prima facie case of bad faith refusal to settle, a plaintiff must demonstrate that the insurance carrier...

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