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1
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OPINION
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EXTRACTED KEY WORDS
POLICY PAY JUDGEMENT INSURANCE RESPONSIBILITY PLAINTIFF DAMAGES AMOUNT POLICY LIMITS LIABILITY DAMAGES VERDICT REGULATION COURT DEFENDANT PORTION PAYMENT CONTRACT TENDERS OBLIGATION PROVISIONS ACCRUING COSTS PREJUDGMENT CLAUSE CONSTRUCTION PAID PLAINTIFF NYCRR LANGUAGE AD2D |
Joyce Dingle, Appellant v. Prudential Property and Casualty Insurance
Company, Respondent
85 N.Y.2d 657, 651 N.E.2d 883, 628 N.Y.S.2d 15 (1995).
May 11, 1995
2 No. 114 (1995 NY Int. 120)
Decided May 11, 1995
_________________________________________________________________
This opinion is uncorrected and subject to revision before publication
in the New York Reports.
Louis J. Galgano, III, for Appellant.
Jonathan A. Dachs, for Respondent.
TITONE, J.:
In Love v State of New York (78 NY2d 540), this Court held that in
a bifurcated personal injury action a successful plaintiff is properly
awarded prejudgment interest from the date of the decision
establishing liability rather than from the date of the damages
verdict. The follow-up issue presented in this case is whether an
insurer is liable in a bifurcated trial for prejudgment interest on
the entire amount of the judgment against its insured, or only for
interest on that portion of the judgment the insurer is obligated to
pay under the policy limits. We hold that under current insurance
regulation, this Court's precedent, and public policy, the insurer is
only liable for interest on that portion of the judgment it must pay
up to the policy limits, unless the contract of insurance contains a
more generous provision.
I.
Plaintiff Joyce Dingle was injured in a car accident caused by the
negligence of Patricia Virga, a driver insured by defendant Prudential
Property and Casualty Insurance Company. After completion of the
liability portion of the trial, the jury found Virga 100% responsible
for plaintiff's injuries. Damages were awarded at a separate
proceeding completed more than a year after the liability portion of
the trial, and, at that time, the final judgment awarding plaintiff
$592,672.21 against Virga was entered.
Virga's automobile insurance policy with defendant had a $100,000
limit. The contract of insurance contained a clause providing that
defendant insurer will pay all interest on the full amount of the
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