Gerald Gordon, as Receiver of the Rights and Assets of Louis Porter v. Nationwide Mutual Insurance Company…

Summary

The New York Court of Appeals reversed the lower court’s judgment and dismissed the receiver’s complaint, holding that the insurer did not act in bad faith and that no actual damage was shown to justify recovery; even if bad faith existed, damages are limited to actual loss. Justice Breitel’s dissent argues for a new trial on damages, while Chief Judge Fuld’s concurrence agrees with dismissal.