Suba v. State Farm Fire & Casualty Co.

OPINION OF THE COURT

Thomas Aloi, J.

This is an action brought pursuant to Insurance Law former § 167 (1) (b) (now § 3420 [a] [2]) against an insurer to recover the amount of an unsatisfied personal injury judgment recovered by plaintiff against a party to whom defendant had issued a homeowner’s policy in effect when the injuries sued for were sustained.

On February 20,1982, Laura N. Suba, an infant seven years old, sustained serious injuries while skiing with her father, William B. Suba, at a ski area within the City of Utica. Plaintiff, Laura’s mother, brought an action against the city,…