Opinion
April 27, 1998
Appeal from the Supreme Court, Nassau County (DiNoto, J.).
Ordered that the order is reversed, on the law, with costs, the plaintiffs' motion is denied, the appellant's motion is granted, and the matter is remitted for the entry of a judgment declaring that under the subject insurance policy the maximum amount available to each of the two plaintiffs in the underlying actions is $50,000.
The subject insurance policy issued to the deceased insured is not ambiguous, and clearly limits coverage to $50,000 liability for "each person" per bodily injury claim (including death). Therefore, the defendant insurance carrier was entitled to a declaration to that effect. The case of Matter of Mostow v. State Farm Ins. Cos. ( 88 N.Y.2d 321), relied upon by the Supreme Court is distinguishable and has no application here.
Bracken, J.P., Thompson, Pizzuto and Florio, JJ., concur.