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EXHIBIT A
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
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MARC PERGAMENT, ESQ., as Chapter 7 Trustee of Index No.:
the Estate of MELISSA GACE BRYANT, Dated Purchased:
Plaintiff, Plaintiff Designates:
Nassau County as the place of
-against- trial.
The basis for Venue is:
GOVERNMENT EMPLOYEES INSURANCE COMPANY Plaintiff's residence:
("GEICO"), PICCIANO & SCAHILL, LLP and GILBERT 400 Garden City Plaza, Ste. 403
J. HARDY, ESQ., Garden City, New York 11530
Defendants.
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TO THE ABOVE-NAMED DEFENDANTS:
You are hereby summoned to answer the complaint in this action, and to serve a copy of your
answer, or, if the complaint is not served with this summons, to serve a notice of appearance on
the Plaintiffs attorneys within twenty days after the service of this summons, exclusive of the day
of service, where service is made by delivery upon you personally within the state, or, within 30
days after completion of service where service is made in any other manner. In case of your failure
to appear or answer, judgment will be taken against you by default for the relief demanded in the
complaint.
Dated: New York, New York
July 6, 2018 Your , etc.:
RUTH E. BERNS IN FIRM
Defendants'
Addresses: Attorneys for Plaintiff
33d
GOVERNMENT EMPLOYEES INSURANCE 450 Seventh Avenue, Floor
COMPANY (AGEICO") New York, New York 10123
5260 Western Avenue (212) 888-6688
Chevy Chase, MD 20815
and
750 Woodbury Road
Woodbury, New York 11797
and
c/o Secretary of State
One Commerce Plaza
99 Washington Avenue
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Albany, New York 12231
PICCIANO & SCAHILL, P.C.
1065 Stewart Avenue, Suite 210
Bethpage, New York 11714
GILBERT J. HARDY, ESQ.
18 Algonquin Drive
Huntington ton
Hunting Station, New York 11746
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
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MARC PERGAMENT, ESQ., as Chapter 7 Trustee of
the Estate of MELISSA GACE BRYANT, Index No.:
Plaintiff,
-against-
GOVERNMENT EMPLOYEES INSURANCE COMPANY VERIFIED COMPLAINT
("GEICO"), PICCIANO & SCAHILL, LLP and GILBERT
J. HARDY, ESQ.,
Defendants.
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Plaintiff MARC PERGAMENT, ESQ., as Chapter 7 Trustee of the Estate of MELISSA
GACE BRYANT, complaining of the Defendants by his attorneys, THE RUTH E. BERNSTEIN
LAW FIRM, respectfully alleges the following upon information and belief:
THE PARTIES
1. At all times herein mentioned Defendant insurer, GOVERNMENT EMPLOYEES
INSURANCE COMPANY ("GEICO") was and still is a foreign corporation organized and
existing pursuant to the laws of the State of Maryland, with a principal place of business located
at 5260 Western Avenue, Chevy Chase, Maryland 20815.
2. At all times herein mentioned Defendant GEICO maintained corporate offices for
its operations as an insurance company within the State of New York, located at 750 Woodbury
Road, Woodbury, New York 11797
3. At all times herein mentioned the Defendant insurer GEICO, was and still is a
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licensed insurance company authorized to do business within the State of New York.
(" Date"
4. On or about April 28, 2017 ("Petition Date"), MELISSA GACE BRYANT ("GACE
BRYANT") filed a voluntary petition for relief under Chapter 7 ofthe Bankruptcy Code in the United
(" Court"
States Bankruptcy Court for the Eastern District of New York ("Bankruptcy Court") and the case
was assigned to the Honorable Robert E. Grossman, United States Bankruptcy Judge, under Case
No. 817-72593-A73.
5. At all times herein mentioned, the Plaintiff MARC PERGAMENT, ESQ.
("PERGAMENT") was and is the duly appointed Chapter 7 Trustee of the Bankruptcy Estate of
GACE BRYANT pursuant to 11 U.S.C. § 704, having been appointed on April 28, 2017 by the
United States Bankruptcy Court for the Eastern District of New York, having duly qualified as
such, and by operation of law, having become the permanent Trustee of GACE BRYANT'S Estate.
6. At all times herein mentioned, the Trustee maintains an office at 400 Garden City
Plaza, Suite 403, Garden City, New York 11530.
7. At all times herein mentioned, the GACE BRYANT was a GEICO insured.
8. Upon information and belief, at all times herein mentioned, Defendant PICCIANO
& SCAHILL ("P&S") was and still is a domestic personal corporation organized and existing
pursuant to the laws of the State of New York, maintaining offices for the practice of law in the
State of New York, County of Nassau, located at 1065 Stewart Avenue, Suite 210, Bethpage,
New York 11714.
9. Upon information and belief, at all times herein mentioned, Defendant P&S was
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retained by Defendant GEICO as legal counsel assigned to represent and defend GACE
BRYANT against personal injury claims against her arising from a motor vehicle accident on
Action"
December 7, 2009 (hereinafter, the "Underlying Action").
10. Upon information and belief, at all times herein mentioned, Defendant P&S was
contractually obligated by Defendant GEICO to competently and ethically represent and defend
the interests of GEICO's insured, GACE BRYANT against claims arising from a motor vehicle
accident in which she was involved on December 7, 2009.
11. Upon information and belief, at all times herein mentioned, all of Defendant P&S's
bills for legal services rendered by said Defendant to GACE BRYANT in connection with the
Underlying Action were billed to, and were paid by Defendant GEICO.
12. Upon information and belief, at all times herein mentioned, Defendant GILBERT J.
HARDY, ESQ. ("HARDY") was and is an individual residing in the State of New York, County
of Suffolk at 18 Algonquin Drive, Huntington Station, New York 11746.
13. Upon information and belief, at all times herein mentioned, Defendant HARDY
was and is an employee and/or agent of Defendant P&S, and was charged by P&S with the duty
to directly litigate the Underlying Action in defense of GACE BRYANT.
14. Upon information and belief, at all times herein mentioned, Defendant HARDY
was charged by Defendant P&S to perform and carry out pre-trial preparations and, ultimately, to
advise GACE BRYANT before and during trial of the Underlying Action as her trial counsel.
AS AND FOR A FIRST CAUSE OF ACTION AGAINST
DEFENDANT GEICO FOR BAD FAITH FAILURE TO SETTLE
15. At all times herein mentioned, Defendant GEICO issued auto insurance policies
5
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covering the activities of its insureds in connection with their use and operation of insured motor
vehicles within the State of New York, including the Counties of Nassau and Suffolk.
16. At all times herein mentioned, and on or about December 7, 2009, GACE
BRYANT was the owner of a 1995 Dodge motor vehicle bearing New York State registration
number ECM8929.
17. On or about December 7, 2009, GACE BRYANT was the operator of the
aforementioned 1995 Dodge motor vehicle.
18. Upon information and belief, on or before December 7, 2009, Defendant GEICO
issued a liability insurance policy bearing Policy No.: 0259429970101068 to Neil Profeta, then
the head of GACE BRYANT's household, under which GACE BRYANT and her aforesaid
Policy"
1995 Dodge vehicle were insured (hereinafter "the Policy").
19. The Policy remained in full force and effect at all times hereinafter mentioned,
including December 7, 2009, the date of the underlying automobile accident.
20. Under the terms of the Policy, Defendant GEICO undertook to insure GACE
BRYANT against any and all liability for personal injuries caused by her negligent use of her
aforesaid motor vehicle, to a maximum amount of $300,000 per person and $300,000 per
occurrence.
21. Under the terms of the policy, Defendant GEICO agreed to pay, on behalf of
GACE BRYANT, all sums of money that she might become legally obligated to pay as damages
for personal injuries and damage arising out of the use, maintenance, or operation of her
property
aforesaid 1995 Dodge motor vehicle, to a maximum amount of $300,000 per person and
$300,000 per occurrence.
&
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22. The Policy also provided that Defendant GEICO would defend GACE BRYANT
against any claim and/or legal action against her alleging injuries and seeking damages payable
under the terms of the policy.
23. The policy also provided that Defendant GEICO had the exclusive right to settle
any such action against GACE BRYANT alleging injuries and seeking damages payable under
the terms or the policy.
24. The policy also provided that Defendant GEICO had the exclusive right to settle
any action against GACE BRYANT, unless such settlement was made at GACE BRYANT's
own personal expense.
25. Upon information and belief, GACE BRYANT performed and complied with all of
the terms contained in the aforesaid Policy under which she now seeks redress, including the
payment of premiums and the giving of notice, except such terms of which performance and/or
compliance has been excused, waived or prevented by the representations, acts or omissions of
the Defendant, GEICO.
26. Upon information and belief, GACE BRYANT performed and complied with all of
the conditions precedent in the aforesaid Policy under which she now seeks redress,
including the payment of premiums and the giving of notice, except such conditions precedent
for which performance and/or compliance has been excused, waived or prevented by the
representations, acts or omissions of the Defendant, GEICO.
27. Upon information and belief, GACE BRYANT performed and complied with all
the obligations contained in the Policy under which she now seeks redress, including the
payment of premiums and the giving of notice, except such obligations for which performance
7
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and/or compliance has been excused, waived or prevented by the representations, acts or
omissions of Defendant, GEICO.
28. Upon information and belief, GACE BRYANT performed and complied with all of
the provisions contained in the Policy under which she now seeks redress, including the payment
of premiums and the giving of notice, except such provisions for which performance and/or
compliance has been excused, waived or prevented by the representations, acts or omissions of
Defendant, GEICO.
29. On or about December 7, 2009, while GACE BRYANT was operating her aforesaid
Dodge motor vehicle bearing New York State license plate number ECM8929, insured by
Defendant GEICO under the subject Policy, GACE BRYANT made a sudden and illegal left
turn directly in front of the vehicle owned and operated by ANNA BEDARD, causing a head-on
collision with BEDARD's vehicle in BEDARD's lane of traffic.
30. The aforesaid crash was caused solely by the negligence, carelessness and
recklessness of GACE BRYANT, without any negligence on the part of ANNA BEDARD
contributing thereto.
31. As a result of the aforesaid crash, caused solely by the negligence, carelessness and
recklessness of GACE BRYANT, ANNA BEDARD was caused to sustain severe and permanent
personal injuries which resulted in severe and permanent pain and disability, causing BEDARD
to incur large amounts of money in medical bills, past and future, and to incur significant
amounts of money in past and future loss of earnings, and significant past and future pain and
suffering, all to BEDARD's great detriment.
8
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32. On or about December 16, 2011, ANNA BEDARD commenced the Underlying
Action against GACE BRYANT in New York State Supreme Court, Nassau County, by filing a
Verified Complaint against GACE BRYANT, which action was assigned Index Number
"A"
17555/2011. Annexed hereto as Exhibit and incorporated herein by reference is ANNA
BEDARD's Summons and Verified Complaint dated December 9, 2011.
33. The Underlying Action was brought by ANNA BEDARD to recover damages for
the severe and permanent personal injuries she sustained as a result of the underlying motor
vehicle crash on December 7, 2009, including past and future medical bills, past and future lost
earnings and past and future pain and suffering.
34. At all times herein mentioned Defendant GEICO, by its employees, agents and/or
assigns, had a duty to accurately and competently investigate and analyze the merits of ANNA
BEDARD's Underlying Action against GACE BRYANT, and to engage in good faith settlement
negotiations with ANNA BEDARD's legal counsel for the Underlying Action.
35. At all times herein mentioned Defendant GEICO, by its employees, agents and/or
assigns, breached its duty to accurately and competently investigate and analyze the merits of
ANNA BEDARD's Underlying Action against GACE BRYANT, and to engage in good faith
settlement negotiations with ANNA BEDARD's legal counsel for the Underlying Action.
36. At all times herein mentioned Defendant GEICO, by its employees, agents and/or
assigns, had a duty to advise its insured, GACE BRYANT, about the progress of settlement
negotiations, and to inform GACE BRYANT of any and all offers by ANNA BEDARD to settle
her claims against GACE BRYANT within the Policy's $300,000 liability limits.
37. At all times herein mentioned Defendant GEICO, by its employees, agents and/or
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assigns, breached its duty to advise its insured, GACE BRYANT, about the progress of
Preview
FILED: NASSAU COUNTY CLERK 04/03/2024 10:33 AM INDEX NO. 609083/2018 NYSCEF DOC. NO. 373 RECEIVED NYSCEF: 04/03/2024 EXHIBIT A FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 04/03/2024 07/06/2018 10:33 05:26 AM PM INDEX NO. INDEX NO. 609083/2018 609083/2018 NYSCEF DOC. NYSCEF DOC. NO. NO. 373 1 RECEIVED NYSCEF: RECEIVED NYSCEF: 04/03/2024 07/06/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU -------------------------------------------------------------------------X MARC PERGAMENT, ESQ., as Chapter 7 Trustee of Index No.: the Estate of MELISSA GACE BRYANT, Dated Purchased: Plaintiff, Plaintiff Designates: Nassau County as the place of -against- trial. The basis for Venue is: GOVERNMENT EMPLOYEES INSURANCE COMPANY Plaintiff's residence: ("GEICO"), PICCIANO & SCAHILL, LLP and GILBERT 400 Garden City Plaza, Ste. 403 J. HARDY, ESQ., Garden City, New York 11530 Defendants. -------------------------------------------------------------------------X TO THE ABOVE-NAMED DEFENDANTS: You are hereby summoned to answer the complaint in this action, and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance on the Plaintiffs attorneys within twenty days after the service of this summons, exclusive of the day of service, where service is made by delivery upon you personally within the state, or, within 30 days after completion of service where service is made in any other manner. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: New York, New York July 6, 2018 Your , etc.: RUTH E. BERNS IN FIRM Defendants' Addresses: Attorneys for Plaintiff 33d GOVERNMENT EMPLOYEES INSURANCE 450 Seventh Avenue, Floor COMPANY (AGEICO") New York, New York 10123 5260 Western Avenue (212) 888-6688 Chevy Chase, MD 20815 and 750 Woodbury Road Woodbury, New York 11797 and c/o Secretary of State One Commerce Plaza 99 Washington Avenue 1 of 42 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 04/03/2024 07/06/2018 10:33 05:26 AM PM INDEX NO. INDEX NO. 609083/2018 609083/2018 NYSCEF DOC. NYSCEF DOC. NO. NO. 373 1 RECEIVED NYSCEF: RECEIVED NYSCEF: 04/03/2024 07/06/2018 Albany, New York 12231 PICCIANO & SCAHILL, P.C. 1065 Stewart Avenue, Suite 210 Bethpage, New York 11714 GILBERT J. HARDY, ESQ. 18 Algonquin Drive Huntington ton Hunting Station, New York 11746 2 of 42 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 04/03/2024 07/06/2018 10:33 05:26 AM PM INDEX NO. INDEX NO. 609083/2018 609083/2018 NYSCEF DOC. NYSCEF DOC. NO. NO. 373 1 RECEIVED NYSCEF: RECEIVED NYSCEF: 04/03/2024 07/06/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU -------------------------------------------------------------------------X MARC PERGAMENT, ESQ., as Chapter 7 Trustee of the Estate of MELISSA GACE BRYANT, Index No.: Plaintiff, -against- GOVERNMENT EMPLOYEES INSURANCE COMPANY VERIFIED COMPLAINT ("GEICO"), PICCIANO & SCAHILL, LLP and GILBERT J. HARDY, ESQ., Defendants. -------------------------------------------------------------------------X Plaintiff MARC PERGAMENT, ESQ., as Chapter 7 Trustee of the Estate of MELISSA GACE BRYANT, complaining of the Defendants by his attorneys, THE RUTH E. BERNSTEIN LAW FIRM, respectfully alleges the following upon information and belief: THE PARTIES 1. At all times herein mentioned Defendant insurer, GOVERNMENT EMPLOYEES INSURANCE COMPANY ("GEICO") was and still is a foreign corporation organized and existing pursuant to the laws of the State of Maryland, with a principal place of business located at 5260 Western Avenue, Chevy Chase, Maryland 20815. 2. At all times herein mentioned Defendant GEICO maintained corporate offices for its operations as an insurance company within the State of New York, located at 750 Woodbury Road, Woodbury, New York 11797 3. At all times herein mentioned the Defendant insurer GEICO, was and still is a 3 of 42 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 04/03/2024 07/06/2018 10:33 05:26 AM PM INDEX NO. INDEX NO. 609083/2018 609083/2018 NYSCEF DOC. NYSCEF DOC. NO. NO. 373 1 RECEIVED NYSCEF: RECEIVED NYSCEF: 04/03/2024 07/06/2018 licensed insurance company authorized to do business within the State of New York. (" Date" 4. On or about April 28, 2017 ("Petition Date"), MELISSA GACE BRYANT ("GACE BRYANT") filed a voluntary petition for relief under Chapter 7 ofthe Bankruptcy Code in the United (" Court" States Bankruptcy Court for the Eastern District of New York ("Bankruptcy Court") and the case was assigned to the Honorable Robert E. Grossman, United States Bankruptcy Judge, under Case No. 817-72593-A73. 5. At all times herein mentioned, the Plaintiff MARC PERGAMENT, ESQ. ("PERGAMENT") was and is the duly appointed Chapter 7 Trustee of the Bankruptcy Estate of GACE BRYANT pursuant to 11 U.S.C. § 704, having been appointed on April 28, 2017 by the United States Bankruptcy Court for the Eastern District of New York, having duly qualified as such, and by operation of law, having become the permanent Trustee of GACE BRYANT'S Estate. 6. At all times herein mentioned, the Trustee maintains an office at 400 Garden City Plaza, Suite 403, Garden City, New York 11530. 7. At all times herein mentioned, the GACE BRYANT was a GEICO insured. 8. Upon information and belief, at all times herein mentioned, Defendant PICCIANO & SCAHILL ("P&S") was and still is a domestic personal corporation organized and existing pursuant to the laws of the State of New York, maintaining offices for the practice of law in the State of New York, County of Nassau, located at 1065 Stewart Avenue, Suite 210, Bethpage, New York 11714. 9. Upon information and belief, at all times herein mentioned, Defendant P&S was 4 of 42 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 04/03/2024 07/06/2018 10:33 05:26 AM PM INDEX NO. INDEX NO. 609083/2018 609083/2018 NYSCEF DOC. NYSCEF DOC. NO. NO. 373 1 RECEIVED NYSCEF: RECEIVED NYSCEF: 04/03/2024 07/06/2018 retained by Defendant GEICO as legal counsel assigned to represent and defend GACE BRYANT against personal injury claims against her arising from a motor vehicle accident on Action" December 7, 2009 (hereinafter, the "Underlying Action"). 10. Upon information and belief, at all times herein mentioned, Defendant P&S was contractually obligated by Defendant GEICO to competently and ethically represent and defend the interests of GEICO's insured, GACE BRYANT against claims arising from a motor vehicle accident in which she was involved on December 7, 2009. 11. Upon information and belief, at all times herein mentioned, all of Defendant P&S's bills for legal services rendered by said Defendant to GACE BRYANT in connection with the Underlying Action were billed to, and were paid by Defendant GEICO. 12. Upon information and belief, at all times herein mentioned, Defendant GILBERT J. HARDY, ESQ. ("HARDY") was and is an individual residing in the State of New York, County of Suffolk at 18 Algonquin Drive, Huntington Station, New York 11746. 13. Upon information and belief, at all times herein mentioned, Defendant HARDY was and is an employee and/or agent of Defendant P&S, and was charged by P&S with the duty to directly litigate the Underlying Action in defense of GACE BRYANT. 14. Upon information and belief, at all times herein mentioned, Defendant HARDY was charged by Defendant P&S to perform and carry out pre-trial preparations and, ultimately, to advise GACE BRYANT before and during trial of the Underlying Action as her trial counsel. AS AND FOR A FIRST CAUSE OF ACTION AGAINST DEFENDANT GEICO FOR BAD FAITH FAILURE TO SETTLE 15. At all times herein mentioned, Defendant GEICO issued auto insurance policies 5 5 of 42 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 04/03/2024 07/06/2018 10:33 05:26 AM PM INDEX NO. INDEX NO. 609083/2018 609083/2018 NYSCEF DOC. NYSCEF DOC. NO. NO. 373 1 RECEIVED NYSCEF: RECEIVED NYSCEF: 04/03/2024 07/06/2018 covering the activities of its insureds in connection with their use and operation of insured motor vehicles within the State of New York, including the Counties of Nassau and Suffolk. 16. At all times herein mentioned, and on or about December 7, 2009, GACE BRYANT was the owner of a 1995 Dodge motor vehicle bearing New York State registration number ECM8929. 17. On or about December 7, 2009, GACE BRYANT was the operator of the aforementioned 1995 Dodge motor vehicle. 18. Upon information and belief, on or before December 7, 2009, Defendant GEICO issued a liability insurance policy bearing Policy No.: 0259429970101068 to Neil Profeta, then the head of GACE BRYANT's household, under which GACE BRYANT and her aforesaid Policy" 1995 Dodge vehicle were insured (hereinafter "the Policy"). 19. The Policy remained in full force and effect at all times hereinafter mentioned, including December 7, 2009, the date of the underlying automobile accident. 20. Under the terms of the Policy, Defendant GEICO undertook to insure GACE BRYANT against any and all liability for personal injuries caused by her negligent use of her aforesaid motor vehicle, to a maximum amount of $300,000 per person and $300,000 per occurrence. 21. Under the terms of the policy, Defendant GEICO agreed to pay, on behalf of GACE BRYANT, all sums of money that she might become legally obligated to pay as damages for personal injuries and damage arising out of the use, maintenance, or operation of her property aforesaid 1995 Dodge motor vehicle, to a maximum amount of $300,000 per person and $300,000 per occurrence. & 6 of 42 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 04/03/2024 07/06/2018 10:33 05:26 AM PM INDEX NO. INDEX NO. 609083/2018 609083/2018 NYSCEF DOC. NYSCEF DOC. NO. NO. 373 1 RECEIVED NYSCEF: RECEIVED NYSCEF: 04/03/2024 07/06/2018 22. The Policy also provided that Defendant GEICO would defend GACE BRYANT against any claim and/or legal action against her alleging injuries and seeking damages payable under the terms of the policy. 23. The policy also provided that Defendant GEICO had the exclusive right to settle any such action against GACE BRYANT alleging injuries and seeking damages payable under the terms or the policy. 24. The policy also provided that Defendant GEICO had the exclusive right to settle any action against GACE BRYANT, unless such settlement was made at GACE BRYANT's own personal expense. 25. Upon information and belief, GACE BRYANT performed and complied with all of the terms contained in the aforesaid Policy under which she now seeks redress, including the payment of premiums and the giving of notice, except such terms of which performance and/or compliance has been excused, waived or prevented by the representations, acts or omissions of the Defendant, GEICO. 26. Upon information and belief, GACE BRYANT performed and complied with all of the conditions precedent in the aforesaid Policy under which she now seeks redress, including the payment of premiums and the giving of notice, except such conditions precedent for which performance and/or compliance has been excused, waived or prevented by the representations, acts or omissions of the Defendant, GEICO. 27. Upon information and belief, GACE BRYANT performed and complied with all the obligations contained in the Policy under which she now seeks redress, including the payment of premiums and the giving of notice, except such obligations for which performance 7 7 of 42 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 04/03/2024 07/06/2018 10:33 05:26 AM PM INDEX NO. INDEX NO. 609083/2018 609083/2018 NYSCEF DOC. NYSCEF DOC. NO. NO. 373 1 RECEIVED NYSCEF: RECEIVED NYSCEF: 04/03/2024 07/06/2018 and/or compliance has been excused, waived or prevented by the representations, acts or omissions of Defendant, GEICO. 28. Upon information and belief, GACE BRYANT performed and complied with all of the provisions contained in the Policy under which she now seeks redress, including the payment of premiums and the giving of notice, except such provisions for which performance and/or compliance has been excused, waived or prevented by the representations, acts or omissions of Defendant, GEICO. 29. On or about December 7, 2009, while GACE BRYANT was operating her aforesaid Dodge motor vehicle bearing New York State license plate number ECM8929, insured by Defendant GEICO under the subject Policy, GACE BRYANT made a sudden and illegal left turn directly in front of the vehicle owned and operated by ANNA BEDARD, causing a head-on collision with BEDARD's vehicle in BEDARD's lane of traffic. 30. The aforesaid crash was caused solely by the negligence, carelessness and recklessness of GACE BRYANT, without any negligence on the part of ANNA BEDARD contributing thereto. 31. As a result of the aforesaid crash, caused solely by the negligence, carelessness and recklessness of GACE BRYANT, ANNA BEDARD was caused to sustain severe and permanent personal injuries which resulted in severe and permanent pain and disability, causing BEDARD to incur large amounts of money in medical bills, past and future, and to incur significant amounts of money in past and future loss of earnings, and significant past and future pain and suffering, all to BEDARD's great detriment. 8 8 of 42 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 04/03/2024 07/06/2018 10:33 05:26 AM PM INDEX NO. INDEX NO. 609083/2018 609083/2018 NYSCEF DOC. NYSCEF DOC. NO. NO. 373 1 RECEIVED NYSCEF: RECEIVED NYSCEF: 04/03/2024 07/06/2018 32. On or about December 16, 2011, ANNA BEDARD commenced the Underlying Action against GACE BRYANT in New York State Supreme Court, Nassau County, by filing a Verified Complaint against GACE BRYANT, which action was assigned Index Number "A" 17555/2011. Annexed hereto as Exhibit and incorporated herein by reference is ANNA BEDARD's Summons and Verified Complaint dated December 9, 2011. 33. The Underlying Action was brought by ANNA BEDARD to recover damages for the severe and permanent personal injuries she sustained as a result of the underlying motor vehicle crash on December 7, 2009, including past and future medical bills, past and future lost earnings and past and future pain and suffering. 34. At all times herein mentioned Defendant GEICO, by its employees, agents and/or assigns, had a duty to accurately and competently investigate and analyze the merits of ANNA BEDARD's Underlying Action against GACE BRYANT, and to engage in good faith settlement negotiations with ANNA BEDARD's legal counsel for the Underlying Action. 35. At all times herein mentioned Defendant GEICO, by its employees, agents and/or assigns, breached its duty to accurately and competently investigate and analyze the merits of ANNA BEDARD's Underlying Action against GACE BRYANT, and to engage in good faith settlement negotiations with ANNA BEDARD's legal counsel for the Underlying Action. 36. At all times herein mentioned Defendant GEICO, by its employees, agents and/or assigns, had a duty to advise its insured, GACE BRYANT, about the progress of settlement negotiations, and to inform GACE BRYANT of any and all offers by ANNA BEDARD to settle her claims against GACE BRYANT within the Policy's $300,000 liability limits. 37. At all times herein mentioned Defendant GEICO, by its employees, agents and/or 9 of 42 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 04/03/2024 07/06/2018 10:33 05:26 AM PM INDEX NO. INDEX NO. 609083/2018 609083/2018 NYSCEF DOC. NYSCEF DOC. NO. NO. 373 1 RECEIVED NYSCEF: RECEIVED NYSCEF: 04/03/2024 07/06/2018 assigns, breached its duty to advise its insured, GACE BRYANT, about the progress of