The type of prejudgment interest involved (and the terms of the policy, if interest is part of the underlying claim) will determine whether the insurer is liable for such interest in excess of the policy limits even in the absence of bad faith.
April 08, 2022 at 02:30 PM
4 minute read
An issue which periodically arises in the insurance context is whether an insurer can be liable for prejudgment interest above the policy limit even in the absence of bad faith.
At the outset, it is important to distinguish between two distinct types of prejudgment interest under the governing statute, CPLR 5001.
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