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KULAK v. NATIONWIDE MUT. INS.

47 A.D.2d 418 (1975)

Sylvia A. Kulak, Respondent, v. Nationwide Mutual Insurance Company, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 23, 1975

Attorney(s) appearing for the Case

Miller, Bouvier, O'Connor & Cegielski (John M. Freyer and Robert J. Hunt of counsel), for appellant.

Grossman & Levine (Terry D. Smith of counsel), for respondent.

MARSH, P. J., and GOLDMAN, J., concur with CARDAMONE, J.; SIMONS and DEL VECCHIO, JJ., dissent and vote to reverse the judgment on the law and grant a new trial, in an opinion by DEL VECCHIO, J.

CARDAMONE, J.

As the result of an auto accident the plaintiff recovered a $60,000 judgment for personal injury damages against the insured, whose insurance coverage with defendant-appellant, Nationwide Mutual Insurance Company, was limited to $10,000. The insured thereafter assigned her rights under the insurance contract to the injured plaintiff who, as assignee, commenced this action against Nationwide for...

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