Scherzi v. Allstate Insurance

Order unanimously affirmed, with costs. Memorandum: This is a declaratory judgment action in which Special Term granted summary judgment to plaintiff and ordered that judgment be entered declaring that defendant is liable to the plaintiff under a certain insurance policy issued by the defendant. On April 11, 1975 plaintiff’s infant daughter, a pedestrian, was seriously injured when she was struck by a motor vehicle. It is alleged that as a result of her injuries, plaintiff has incurred or will incur medical expenses far in excess of $50,000 for her care and treatment. The insurance carrier…