Publications

Consequential Damages: Only if Forseen at Time of Pact

May 8, 2008
New York Law Journal

In Bi-Economy Market Inc. v. Harleysville Insurance Co. and Panasia Estates Inc. v. Hudson Ins. Co., two decisions issued on Feb. 19, 2008, the New York State Court of Appeals held that an insured may recover consequential damages resulting from an insurer’s breach of the covenant of good faith and fair dealing provided the damages were “within the contemplation of the parties as the probable result of a breach at the time of or prior to contracting.”