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NEW ENGLAND INS. v. HEALTHCARE UNDERWRITERS MUT. INS.

No. 98-CV-2234 (ADS).

333 F.Supp.2d 87 (2004)

NEW ENGLAND INSURANCE CO., Plaintiff, v. HEALTHCARE UNDERWRITERS MUTUAL INSURANCE COMPANY f/k/a Hospital Underwriters Mutual Insurance Company and Hospital Underwriters Mutual Insurance Company, Defendant.

United States District Court, E.D. New York.

September 4, 2004.

Attorney(s) appearing for the Case

Rivkin, Radler LLP by Evan H. Krinick, Esq. and Michael P. Versichelli, Esq., Uniondale, NY, for Plaintiff.

McAloon & Friedman, PC by Lawrence W. Mumm, Esq., Gillian Fisher, Esq. and Timothy J. O'Shaughnessy, Esq., New York City, for Defendant.

ORDER

SPATT, District Judge.

In what may be a novel ruling, the Court must determine the date from which prejudgment interest is computed pursuant to New York Civil Practice Law and Rules ("N.Y.C.P.L.R.") § 5001 in an insurance "bad faith" action when the underlying medical malpractice action was settled and no judgment was entered.

On December 20, 2000, a jury returned a verdict in favor of the plaintiff New England Insurance Company ("New...

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