What types of remedies are available in an insurance litigation case?

Remedies available in an insurance litigation case in New York vary depending on the dispute. Generally, the remedies that a court may order in an insurance litigation case include relief for breach of contract, such as an order for payment of damages, a court order for the parties to perform some specific act, or an award of attorney’s fees. The court may also order an injunction, which requires one party to refrain from doing something. The court may also order that the insurance company provide coverage for an injury or damage under the terms of the insurance contract. In cases of breach of implied covenant of good faith and fair dealing, a court may award damages for bad faith claims handling or unfair conduct, such as failure to communicate information or refusal to pay a legitimate claim. The court may also order an injunction to prevent the insurance company from engaging in similar activities in the future. Finally, a court may order a declaratory judgment, which is a finding by the court on the rights and obligations of the parties in a dispute. This can help resolve an uncertain or disputed matter, such as whether an insurance policy covers a particular loss or injury. A declaratory judgment can also be used to determine if an insurance company has failed to comply with the terms of the contract.

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