WOODSON v. AMERICAN TRANSIT INSURANCE COMPANY


281 A.D.2d 282 (2001)

722 N.Y.S.2d 138

ZACHARY WOODSON, an Infant, by His Mother and Natural Guardian, TRACY WOODSON, et al., Appellants, v. AMERICAN TRANSIT INSURANCE COMPANY, Respondent, et al., Defendants. (And Another Action.)

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

Decided March 20, 2001.


Plaintiffs commenced this action pursuant to Insurance Law § 3420 (a) (1) to enforce a judgment obtained in a personal injury action in which the infant plaintiff was injured by a truck owned by defendant's insured. A final judgment of $4.17 million, including $757,368.66 in pre-judgment interest, was entered against defendant's insured. The insurance policy provision at issue provides that, in addition to the face value of the policy ($1 million), the insurer will pay...

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