Justice Refuses To Dismiss Bad Faith Counterclaim In Worker Injury Coverage Suit

(July 5, 2023, 12:17 PM EDT) -- NEW YORK — A New York justice denied a commercial general liability insurer’s motion to dismiss an additional insured’s counterclaim alleging breach of the duty of good faith and fair dealing in a coverage dispute over a worker injury, finding that the bad faith counterclaim is not duplicative of a breach of contract counterclaim and there are material issues of fact as to whether the insurer’s reservation of rights was both timely and effective and whether it exercised exclusive control over the additional insured’s defense....