1 Elements and Case CitationsTo establish a prima facie case of bad faith against a primary insurer, the plaintiff or excess insurer must show:
- The primary insurer exhibited a ‘gross disregard’ for the interests of the plaintiff or excess insurer under New York’s multi-factor test; and
- This gross disregard caused the loss of an actual opportunity to settle within the primary policy limit.
- The rest of the elements for this cause of action;
- The citations to the most recent state and federal court cases citing the cause of action;
- The statute of limitations; and
- The defenses to this cause of action.
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