MAZZOLA v. CNA INS. CO.


145 Misc.2d 896 (1989)

Rosemarie Mazzola, Plaintiff, v. CNA Insurance Company, Defendant.

Civil Court of the City of New York, Queens County.

November 20, 1989


Attorney(s) appearing for the Case

Alliazzo & McCloskey (Thomas P. McCloskey of counsel), for plaintiff. Howard D. Jacob for defendant.


JOHN A. MILANO, J.

In this case the court is presented with a novel issue: Is a defendant's insurance carrier bound to honor a settlement amount offered to and accepted by the plaintiff, when it is later discovered that said amount exceeds the limits of defendant's policy? While the amount in contention herein is relatively small, the principle involved is wide-reaching in its impact. For the reasons stated...

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