SMITH v. ALLSTATE INSURANCE COMPANY


38 A.D.3d 522 (2007)

832 N.Y.S.2d 587

KENNETH SMITH, Appellant, v. ALLSTATE INSURANCE COMPANY et al., Respondents.

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

Decided March 6, 2007.


Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the plaintiff's contention, the Supreme Court properly limited the amount of his recovery from the defendant insurance companies to $25,000. Insurance Law § 3420 (a) (2) permits a plaintiff who holds an unsatisfied judgment against an insured individual to maintain an action against the insured's carrier to collect the judgment. An action pursuant to § 3420 (a) (2) can be...

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