Evidence Needed For Punitive Damages
In fact, under New York law, like most jurisdictions, an insurer does not breach its duty of good faith when it makes a mistake in judgment or even when it behaves negligently. Rather, a plaintiff must establish that the insurer’s actions demonstrated a gross disregard for its insured’s interests and that the insurer’s conduct involved a deliberate or reckless failure to place on equal footing the interests of its insured with its own interests when considering a settlement offer.
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