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SNR Denton on Doherty v. Merchants Mutual Insurance Co.: When Is Bad Faith Failure To Settle a Jury Question in New York?

By William T. Barker & Justin N. Kattan In Doherty v. Merchants Mutual Insurance Co. , [1] a sharply divided Appellate Division affirmed summary judgment for an insurer on bad faith failure to settle. If followed, this would arguably raise the already high threshold for failure to settle claims...