The Court of Appeals denied Harleysville Ins. Co.’s motion for reargument of it’s decision in Bi-Economy Mkt., Inc. v Harleysville Ins. Co. of N.Y., 10 NY3d 187 (Court of Appeals).
In, Bi-Economy, the Court of Appeals found that an insured can maintain a bad faith cause of action for breach of the covenant of good faith and fair dealing. It was recently cited in Hoffman v Unionmutual Stock Life Ins. Co. of N.Y., 2008 NY Slip Op 04318 (App. Div., 2d). You can read my posts on the topic here, here, here, here, and here.