Home Insurance v. Accident & Casualty Insurance of Winterthur Switzerland

Order, Supreme Court, New York County (Charles E. Ramos, J.), entered April 27, 2005, which denied plaintiffs motion to enforce its settlement agreement with defendant Accident and Casualty Insurance Company of Winterthur Switzerland, unanimously affirmed, with costs.

While there is no question as to plaintiffs right to recover from Winterthur the amount stated in the plain language of the settlement agreement, and indeed defendant does not deny plaintiffs right to recover such amount, final execution of the agreement should await a determination of Winterthur’s claimed setoffs in plaintiffs…