How Good Faith Is Implied in Non-Solicitation Agreements Under NY Law

Nearly one year ago, we wrote in general terms about how good faith is implied in New York contracts. This article, however, will focus on the underlying factors that New York’s courts will consider when applying this doctrine to non-solicitation agreements. Fortunately, a hot-off-the-presses decision from New York State’s highest court offers some guidance – [...]

In Breach of Contract Case, Westchester Court Finds Insurer Guilty of Bad Faith

Having been down a similar road with respect to my own house several years ago, I found myself cheering when I read this decision, which was handed down on December 10. In Carden v. Allstate, the plaintiffs were forced to rent another place to live when their home sustained serious fire damage. When they put [...]

Despite Leaving Client Unnecessarily Exposed to Harm, Bad Faith Claim Against NY Insurer Is Dismissed

In a recent decision, New York’s Appellate Division, Second Department showed once again just how powerful New York’s insurance lobby is, and how, under the current structure of the law in New York, an insurer has almost no incentive to protect its clients – the insureds – by negotiating claims in good faith. Quite the [...]