· 11/15/1895
Van Bokkelen v. Massachusett's Ben. Life Ass'n
Citations
- 35 N.Y.S. 865
- 97 N.Y. Sup. Ct. 330
- 70 N.Y. St. Rep. 307
- 90 Hun 330
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that attorney is independent contractor
- rejecting “the suggestion White be extended beyond the insurance setting,” and stating “once litigation has commenced, the actions taken in its defense are not, in our view, probative of whether defendant in bad faith denied the contractual obligation prior to the lawsuit”
- “The punitive damages theory cannot be predicated on the breach of contract cause of action without an underlying tort.” Id., 238 CaLRptr. at 366
- “[Ujnlike White, there was no continuing contractual relationship between plaintiff and defendant in the instant case and therefore no implied covenant to treat plaintiff fairly....”
- “Litigation is governed by a different set of rules. It is for the law-and-motion judge and not the jury to assess whether a party should be penalized for bad faith discovery positions.”
- \Litigation is governed by a different set of rules. It is for the law-and-motion judge and not the jury to assess whether a party should be penalized for bad faith discovery positions.\
Source: CourtListener parenthetical corpus (CC0).
Judges: Brien
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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