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1
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OPINION
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EXTRACTED KEY WORDS
SETTLEMENT FAITH JURY SMITH SETTLEMENT NEGOTIATIONS GENERAL ACCIDENT COURT CHARGE LIABILITY EVIDENCE INSTRUCTION VERDICT BRODY APPELLATE INSURANCE JUDGEMENT DAMAGES POLICY LIMITS NY2D FAILURE REVERSE PLAINTIFFS KNOBLOCH INSUR SUPRA INJURIES CARRIER STATE FARM PAVIA |
DAVID SMITH ET AL., APPELLANTS, v. GENERAL ACCIDENT INSURANCE COMPANY,
RESPONDENT.
91 N.Y.2d 648, 697 N.E.2d 168, 674 N.Y.S.2d 267 (1998).
June 11, 1998
2 No. 78
(98 NY Int. 0074)
Decided June 11, 1998
_________________________________________________________________
This opinion is uncorrected and subject to revision before publication
in the New York Reports.
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Perry S. Reich, for appellants.
Eugene H. Lieber, for respondent.
WESLEY, J.:
New York Pattern Jury Instruction 4:67 provides that, in determining
whether an insurer has acted in bad faith inrefusing to settle a claim
on behalf of its insured, the jury may consider a number of factors,
including "whether (the insurer) had informed (the insured) of the
amount for which (the opposing party) was prepared to settle his claim
and of course the negotiations with (the opposing party)." This case
requires us to examine the propriety of this aspect of the PJI charge.
We hold that, on the facts of this case, the trial court's charge was
appropriate. We therefore reverse the order appealed from and
reinstate the judgment in plaintiff's favor.
I.
David Smith was fourteen years old when he was injured while
attempting to cross a street outside a bagel shop near his Staten
Island home. Smith's view of oncoming traffic was blocked by a
delivery truck that was parked in front of the store. As Smith stepped
into the street, he was struck by an oncoming automobile driven by
Frank Primiani. Smith spent the next eight days in a coma, and
suffered serious and permanent physical injuries. Smith sued both
Primiani and Jay Brody, the driver of the delivery truck. Smith
alleged that Brody was negligent in parking the truck with the rear of
the vehicle extending into the street thereby blocking his view of
oncoming traffic. The trial was bifurcated, and the jury returned a
verdict in the liability phase finding Smith and Brody each 50% at
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