Court Reverses Dismissal Of Bad Faith Counterclaim In Business Interruption Suit

Mealey's (December 11, 2019, 12:33 PM EST) -- NEW YORK — A New York appeals court on Dec. 5 unanimously reversed a lower court’s dismissal of an insured’s bad faith counterclaim in its insurers’ lawsuit seeking a declaration that the insured’s business interruption loss arising from a fire that destroyed its manufacturing plant is limited to $15.1 million (Certain Underwriters at Lloyd's, et al. v Bioenergy Development Group LLC, et al., No. 10505 655792/17, N.Y. Sup., App., Div. 1st Dept.)....