Bad Faith Blog
February 10, 2016
New York Has No Independent Bad Faith Tort
Summary: Aaron Cohen (Cohen) was injured while working for UPI while operating a mixing machine. Cohen filed suit against UPI, Hastings Development (“Hastings”), and other defendants. Hastings filed a declaratory judgment and bad faith case in federal court after Evanston Insurance Company (“Evanston”) denied coverage under the Employers Liability Exclusion and reserved its rights under the “Designated Operations Coverage.” The Court found coverage under the policy, but ruled Hastings had no bad faith claim.