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ANSONIA ASSOCIATES LIMITED PARTNERSHIP v. PUBLIC SERVICE MUTUAL INSURANCE COMPANY

277 A.D.2d 98 (2000)

717 N.Y.S.2d 30

ANSONIA ASSOCIATES LIMITED PARTNERSHIP, Respondent, v. PUBLIC SERVICE MUTUAL INSURANCE COMPANY, Appellant, et al., Defendant.

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

Decided November 16, 2000.

The arguments by defendant PSM regarding the alleged inability of plaintiff to recover on a claim of bad faith against PSM, predicated only upon plaintiff's exposure to punitive damages in the underlying action, as well as PSM's argument that plaintiff cannot recover due to the fact that the policy prohibited plaintiff from settling the underlying action without PSM's consent, were previously addressed and rejected by this Court on PSM's appeal from the denial of its motion...

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