Bad Faith Claims In New York? You Gotta Believe.
Tuesday, March 17th, 2009
After years of frustration due to an inability to bring claims against disability insurance companies for bad faith damages, based upon the breach of the covenant of good faith and fair dealing, it appears as if New York is joining a host of other states in permitting such claims to be pursued.
A recent case from the Northern District of New York federal court has permitted a claimant to pursue her claim against Mass Mutual for bad faith, and seek consequential damages.
Chernish v. Mass Mutual. The claimant survived a motion to dismiss filed by Mass Mutual, and is permitted to seek both consequential damages and attorneys fees against Mass Mutual.
Perhaps now insurance companies dealing with New York claimants will afford claims the appropriate consideration and will cease acting against claimants with virtual immunity from any meaningful claims.
If your insurance claim has been wrongfully delayed or denied, please feel free to contact us to review how we can assist you in securing your benefits.