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DEMOPOULOUS v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY

280 A.D.2d 855 (2001)

720 N.Y.S.2d 289

ARTHUR M. DEMOPOULOUS, as Administrator of the Estate of DANIEL S. DEMOPOULOUS, Deceased, et al., Respondents, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Defendant, and KEMPER NATIONAL INSURANCE COMPANIES et al., Appellants.

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

Decided February 8, 2001.

Rose, J.

On December 29, 1997, a one-car accident caused the death of Daniel S. Demopoulous (hereinafter decedent) and seriously injured Matthew Campbell while they were passengers in a vehicle owned by Arnold Horth and Helen Horth, and driven by Jason Horth. The Horths were insured by defendant New York Central Mutual Fire Insurance Company (hereinafter NYCM), which offered to pay the policy limit of $100,000, less $807 already paid for a property damage claim, to...

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