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KEITLY LAVAUD, as Assignee of DON N. NIXON, Also Known as DONNON N. NIXON, Appellant, v. COUNTRY-WIDE INSURANCE COMPANY, Respondent.

Ordered that the order and judgment is affirmed, with costs.

"[A]n insurer may be held liable for the breach of its duty of `good faith' in defending and settling claims over which it exercises exclusive control on behalf of its insured" ( Pavia v. State Farm Mut. Auto. Ins. Co., 82 NY2d 445, 452). To establish a prima facie case of bad faith refusal to settle, a plaintiff must demonstrate that the insurance carrier's conduct constituted a gross disregard of the insured's interests ( see id. at 453; Vecchione v. Amica Mut. Ins. Co., 274 AD2d 576, 578).

Country-Wide Insurance Company (hereinafter Country-Wide) met its prima facie burden of establishing that it did not breach its duty of acting in good faith. Country-Wide's failure to respond to a time-restricted demand within the full policy limits did not, under the circumstances, constitute a gross disregard of the interests of Don N. Nixon, also known as Donnon N. Nixon, as the insured ( see Pavia v. State Farm Mut. Auto. Ins. Co., supra at 455). In opposition, Keitly Lavaud, as Nixon's assignee, failed to raise a triable issue of fact as to whether Country-Wide acted in bad faith in failing to settle the underlying action ( see Levit v. Allstate Ins. Co., 9 AD3d 417, 417). Accordingly, the Supreme Court properly granted Country-Wide's motion for summary judgment dismissing the complaint and denied the cross motion for summary judgment. [ See 5 Misc 3d 1006(A), 2004 NY Slip Op 51213(U) (2004).]

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LAVAUD v. COUNTRY-WIDE INSURANCE COMPANY
(May 16, 2006)