DeMarco v. Travelers Ins. Co.
Annotate this CaseWhile traveling in a vehicle insured by Travelers Insurance, Wayne DeMarco was injured in a collision. DeMarco filed a personal injury action against Travelers. The trial court entered judgment in favor of DeMarco for $2,801,939, including interest. DeMarco then commenced the instant civil action against Travelers in the superior court, demanding, inter alia, (1) a declaratory judgment ordering Travelers to pay the entire judgment from the personal injury litigation above and beyond the $1 million policy limits, and (2) a declaratory judgment pursuant to the rejected settlement offer statute requiring Travelers to pay interest on the entire amount. The superior court granted partial summary judgment in favor of DeMarco, holding (1) Travelers was liable to DeMarco for the entire judgment even in a multiple claimant context, and (2) the rejected settlement offer statute was unambiguous in providing that an insurer is liable for interest due on a judgment where it has rejected a plaintiff's written offer to settle within the policy limits. On appeal, the Supreme Court (1) vacated the grant of partial summary judgment as to Travelers' liability, but (2) affirmed the ruling with respect to the applicability of the rejected settlement offer statute. Remanded.
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