MOSTOW v. STATE FARM INS COS


88 N.Y.2d 321 (1996)

668 N.E.2d 392

645 N.Y.S.2d 421

In the Matter of Sandell Mostow, Respondent, et al., Petitioner, v. State Farm Insurance Companies, Appellant.

Court of Appeals of the State of New York.

Decided June 5, 1996.


Attorney(s) appearing for the Case

Rivkin, Radler & Kremer, Uniondale (Evan H. Krinick and Michael P. Versichelli of counsel), for appellant.

Forchelli, Schwartz, Mineo & Carlino, LLP, Mineola (Donald Jay Schwartz of counsel), for respondent.

Kriss, Kriss & Brignola, Albany (Mark C. Kriss of counsel), for New York State Insurance Association and others, amici curiae.

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


TITONE, J.

The question presented is whether the terms of a policy of insurance providing that the $100,000 per person policy limit "is the amount of coverage for all damages due to bodily injury to one person" and that the $300,000 limits of liability for " `Each Accident' is the total amount of coverage for all damages due to bodily injury to two or more persons in the same accident" are ambiguous. Because...

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