Claimant’s Insurance Bad Faith Claim Not Redundant, Federal Judge Rules

Mealey's (November 10, 2016, 2:45 PM EST) -- BROOKLYN, N.Y. — A claimant has properly stated a claim for breach of the implied covenant of good faith and fair dealing in a disability benefits dispute because the claim is not redundant and “cannot be questioned that such a claim generally exists under New York law,” a federal judge in New York ruled Nov. 7 in granting in part and denying in part an insurer’s motion to dismiss (Barry Pastor v. Woodmere Fire District, et al., No. 16-892, E.D. N.Y.; 2016 U.S. Dist. LEXIS 154859)....