New York State Court of Appeals
Excess Policy — Judgment Interest
Ragins v. Hospitals Insurance Company, et al.
Background: The plaintiff commenced an action alleging breach of an insurance contract. The plaintiff argued that the defendant must pay interest on a medical malpractice judgment against the plaintiff under an excess professional liability insurance policy because the liquidator of the insolvent primary insurer has already paid the per occurrence policy limit.
Ruling: The Court of Appeals held that, under the plain language of the primary and excess policies, the liquidator’s payment of the primary policy’s liability limit triggered the defendant’s duty to pay all remaining amounts in connection with the judgment, including interest.
Joseph T. Pareres for the appellant; Christopher Simone for the respondents