[DOWNLOAD] "In Re State Farm Mutual Automobile Insurance Co." by Appellate Division, Fourth Department, New York Supreme Court ~ eBook PDF Kindle ePub Free
eBook details
- Title: In Re State Farm Mutual Automobile Insurance Co.
- Author : Appellate Division, Fourth Department, New York Supreme Court
- Release Date : January 13, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
Order and judgment reversed on the law without costs and application denied. Memorandum: Supreme Court erred in granting petitioners application to stay arbitration of respondents underinsured motorist claim. Petitioner waived its right to insist upon prior written notice of respondents settlement with the tortfeasor. An insurer has an obligation to deal in good faith with its insured (see, Matter of Aetna Cas. & Sur. Co. v Crown, 181 AD2d 883, 884) and may not arbitrarily withhold consent and at the same time argue that its insured has not complied with a condition precedent (see, Matter of Tri- State Consumer Ins. Co. v Hundley, 208 AD2d 754, 754-755, lv denied 85 NY2d 808). Further, an insurer "cannot insist upon cooperation or adherence to the terms of its policy after it has repudiated liability on the claim" (Rajchandra Corp. v Title Guar. Co., 163 AD2d 765, 769).
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