On November 19, 2024, the First Department issued a decision in Starr Indem. & Liab. Co. v. Monte Carlo, LLC, 2024 NY Slip Op. 05779, holding that a counterclaim for breach of the implied covenant of good faith and fair dealing was not duplicative of a breach of contract counterclaim because it sought different damages, explaining:
The fourth counterclaim for breach of the implied covenant of good faith is not duplicative of the breach of contract counterclaim. The breach of contract claim deals only with policy 810. By contrast, the breach of implied covenant of good faith and fair dealing claim involves all three policies (809, 810, and 811), and relies upon different facts and seeks different damages.
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