Legal Opinion

Mazzola v. CNA Insurance

Civil Court of the City of New York

Decided November 20, 1989PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

John A. Milano, J.

In this case the court is presented with a novel issue: Is a defendant’s insurance carrier bound to honor a settlement amount offered to and accepted by the plaintiff, when it is later discovered that said amount exceeds the limits of defendant’s policy? While the amount in contention herein is relatively small, the principle involved is wide-reaching in its impact. For the reasons stated below, this court holds that despite the fact that the underlying policy limit is $10,000 the defendant herein is bound to honor its previously tendered and accepted…

2Cases cited11 opinions

  1. Hume v. United StatesSupreme Court of the United States · 1889
  2. Yonkers Fur Dressing Co. v. Royal InsuranceNew York Court of Appeals · 1928
  3. Holm v. C.M.P. Sheet Metal, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
  4. Wen Kroy Realty Co. v. Public National Bank & Trust Co.New York Court of Appeals · 1932
  5. Angerosa v. White Co.Appellate Division of the Supreme Court of the State of New York · 1936

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3Cited by1 opinion

  1. Christopher S. v. Ann Marie S.New York Family Court · 1997

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