Home Indemnity Companyv.Reid

Appellate Division of the Supreme Court of New York, Second DepartmentJun 26, 1995
216 A.D.2d 530 (N.Y. App. Div. 1995)

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June 26, 1995

Appeal from the Supreme Court, Nassau County (Kohn, J.).

Ordered that the judgment is reversed, on the law, with costs, the plaintiffs' motion is granted, the cross motion is denied and the matter is remitted to the Supreme Court, Nassau County, for entry of a judgment declaring that the plaintiff is not obligated to pay any additional amount toward post-judgment interest beyond the $89,062.50 it has previously paid to the defendants.

Neither the relevant language contained in the insurance policy issued by the plaintiff Home Indemnity Company (hereinafter Home) nor the terms of 11 NYCRR 60-1.1 (b) require that Home pay any post-judgment interest which is based on that portion of the underlying judgment which exceeds the limits of Home's policy (see, Dingle v. Prudential Prop. Cas. Ins. Co., 85 N.Y.2d 657, affg 203 A.D.2d 512; see also, Shnarch v. Empire Mut. Ins. Co., 144 A.D.2d 795; Holubetz v. National Fire Ins. Co., 13 A.D.2d 228; Coveney v. Nationwide Mut. Ins. Co., 58 Misc.2d 480, affd 33 A.D.2d 992; Home Indem Co. v. Corie, 206 Misc. 720, affd 286 App. Div. 996). Mangano, P.J., Bracken, Altman and Goldstein, JJ., concur.