United States Second Circuit

Summary judgment in favor of defendant insurer is affirmed over claim that its rejection of a settlement offer requiring it to consent to a declaratory judgment action constituted bad faith where it exposed plaintiffs to risk of an adverse judgment that significantly exceeded their policy limits.

Appellate Information

• Decided 04/25/2006
• Published 04/26/2006

Judges

• SOTOMAYOR, Circuit Judge., Before:  WALKER, Chief Judge, WINTER, and SOTOMAYOR, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Bertram Herman, Bertram Herman, P.C. (Austen O. Ugweches, of counsel), Mount Kisco, New York, for plaintiffs-appellants.


• For Appellees:
  
• Barry I. Levy, Shapiro, Beilly, Rosenberg, Aronowitz, Levy & Fox, LLP (Beth Shapiro, Elan R. Kandel, of counsel), New York, New York, for defendant-appellee.