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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.