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PANASIA ESTATES, INC. v. HUDSON INSURANCE COMPANY

39 A.D.3d 343 (2007)

835 N.Y.S.2d 49

PANASIA ESTATES, INC., Respondent, v. HUDSON INSURANCE COMPANY, Appellant.

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

Decided April 17, 2007.

An insured may recover foreseeable damages, beyond the limits of its policy, for breach of a duty to investigate, bargain for and settle claims in good faith (Acquista v New York Life Ins. Co., 285 A.D.2d 73 [2001]). The court's denial of defendant's application to dismiss plaintiff's claims for consequential damages from the alleged breach of such a duty was proper. Defendant has not shown that the proffered exclusion for "consequential...

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