DAUS v. LUMBERMEN'S MUT. CAS. CO.


241 A.D.2d 665 (1997)

659 N.Y.S.2d 584

Kurt F. Daus, Respondent, v. Lumbermen's Mutual Casualty Company, Appellant

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

July 10, 1997


Yesawich Jr., J.

Injured in a one-car accident in October 1988, plaintiff — who contends that the car was driven by Thomas Fanniff, the vehicle's owner and its only other occupant at the time of the collision — obtained a default judgment against Fanniff. After an inquest, plaintiff was awarded damages of $169,880.37; the applicable limit of the liability policy defendant had issued to Fanniff was $10,000. In exchange for plaintiff's agreement...

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