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Sinn v. Nationwide Mutual Insurance

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 31, 1997
245 A.D.2d 1096 (N.Y. App. Div. 1997)

Opinion

December 31, 1997

Present — Green, J. P., Pine, Hayes, Callahan and Fallon, JJ.


Order and judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: We agree with defendant that Supreme Court erred in awarding plaintiffs interest on the entire award of damages. The insurance policy at issue is not more generous than that required by regulation, and thus defendant must pay interest only on the limit of the insurance policy, not on the entire award of damages ( see, 11 NYCRR 60-1.1 [b]; Dingle v. Prudential Prop. Cas. Ins. Co., 85 N.Y.2d 657, 660-661). The court, however, properly directed that interest be calculated from the date on which the order of default was entered, because that order established defendant's liability ( see, Love v. State of New York, 78 N.Y.2d 540). We therefore modify the order and judgment by awarding plaintiffs interest only on the $50,000 policy limit. (Appeals from Order and Judgment of Supreme Court, Ontario County, Cornelius, J. — Summary Judgment.)


Summaries of

Sinn v. Nationwide Mutual Insurance

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 31, 1997
245 A.D.2d 1096 (N.Y. App. Div. 1997)
Case details for

Sinn v. Nationwide Mutual Insurance

Case Details

Full title:EUGENE W. SINN, JR., et al., Respondents-Appellants, v. NATIONWIDE MUTUAL…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Dec 31, 1997

Citations

245 A.D.2d 1096 (N.Y. App. Div. 1997)
666 N.Y.S.2d 89

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