Fama v. Metropolitan Property & Casualty Insurance

OPINION OF THE COURT

Joan B. Lefkowitz, J.

Plaintiffs are judgment creditors of defendant’s insured. They *873sue the defendant pursuant to section 3420 (a) (2) of the Insurance Law upon an unsatisfied judgment and seek to recover the policy limits plus accrued interest on the entire judgment. Defendant, in its answer, pleads affirmative defenses of tender and, alternatively, that its obligation for payment of interest, if any, is limited to the interest applicable to the policy limits and not any judgment in excess thereof.

On November 7, 1988 defendant’s insured, Michael Marchetti, Jr., was…