Policyholders Should Note 3rd-Party Liability Pass In NY

Law360, New York (December 11, 2014, 1:43 PM EST) -- When a policyholder buys an insurance policy, it expects that its insurer will be held accountable if the insurer breaches the policy or acts in bad faith. Without the consent of their policyholders, however, insurance companies often engage third parties to handle claims. When that occurs, the insurance company may exit the picture, leaving a policyholder to deal only with the third-party claims handler. What happens then when the third party breaches the policy or acts in bad faith? Will it be liable just like the insurance company? No — at least not according to the recent decision by the New York Supreme Court, Appellate Division in OneBeacon America Insurance Co. v. Colgate-Palmolive Co., 2014 NY Slip Op 07315 (1st Dept., Oct. 28, 2014)....

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