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SOTO v. STATE FARM INS. CO.

83 N.Y.2d 718 (1994)

635 N.E.2d 1222

613 N.Y.S.2d 352

Ilde A. Soto, Individually and as Administratrix of The Estate of Nelson Rivera, Deceased, et al., Appellants, v. State Farm Insurance Company, Respondent.

Court of Appeals of the State of New York.

Decided May 10, 1994.

Attorney(s) appearing for the Case

John Lloyd Egan & Associates, Buffalo (John Lloyd Egan, Jr., of counsel), for appellants.

Maghran, McCarthy & Flynn, Buffalo (W. Donn McCarthy and Kevin E. Ketchum of counsel), for respondent.

Charles Platto, New York City, James Kimble, of the District of Columbia Bar, admitted pro hac vice, and Keith Hopkinson, of the Illinois Bar, admitted pro hac vice, for American Insurance Association and another, amici curiae.

Anderson Kill Olick & Oshinsky, P. C. (Eugene R. Anderson, Robert M. Horkovich and Michael J. Keane of counsel), Robert P. Walton, New York City, and Martha Churchill, of the Illinois Bar, admitted pro hac vice, for New York University and another, amici curiae.

Chief Judge KAYE and Judges SIMONS, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

TITONE, J.

Defendant's insureds were adjudged liable to pay a total of $420,000 in compensatory damages and $450,000 in punitive damages in connection with a fatal automobile accident. The insureds' assignees, the actual injured parties, then commenced the present action against the defendant insurer, alleging that it should be held liable for the full amount of the judgment, which far exceeded the policy limits...

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