Bad Faith Counterclaim Based On Same Facts As Breach Of Contract Claim, Justice Says
(April 20, 2017, 6:01 PM EDT) -- NEW YORK — A New York justice on April 11 dismissed a counterclaim for bad faith alleged against an insurer because the bad faith counterclaim is premised on the same set of facts as the breach of contract counterclaim (Travelers Property Casualty Company of America, et al. v. ICCO Cheese Co. Inc., No. 652787/2016, N.Y, Sup., New York Co., 2017 N.Y. Misc. LEXIS 1363).