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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46668 Justice Schoenfeld PLAINTIFF WAS one of 17 passengers injured when defendant lost control of a van and crashed into a guard rail. Defendant’s insurance policy limited coverage to $25,000 per person and $50,000 per accident. The 16 other passengers settled their claims for a total of $40,750. Plaintiff, who continued her lawsuit, argued that due to the failure of defendant’s insurer to consolidate claims, she, as the first and only passenger to obtain a judgment, albeit through stipulation, was entitled to the policy’s limit of $25,000 per person. Defendant’s insurer sought a declaration that plaintiff was entitled to receive $9,250 after deduction of the other settlement payments. Distinguishing Belizaire v. Aetna Cas. & Sur. Co., on which plaintiff relied, the court, based on the appellate determination in Negron v. Eveready Insurance Co. and its review of the insurance policy at issue, held that plaintiff was entitled to only $9,250, the amount remaining on the policy’s per-accident limit after deduction of all settlement claims.

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