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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.

Jason A. Newfield

Written By:

Jason A. Newfield - Disability Insurance Attorney

Jason Newfield is a founding partner of the disability insurance law firm Frankel & Newfield. He has spent the majority of his legal career advocating for the rights of disabled workers. He has lectured other professionals, worked on a Federal Advisory committee, and published many articles in the field of disability insurance claims and litigation.

Learn more about Jason | See Jason’s Publications

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