B.Z. Chiropractic, P.C. v Allstate Ins. Co., 2019 NY Slip Op 50241(U)(Sup. Ct. Queens Co. 2019)
The Appellate Term “suggested” that interest runs at 9% per year after a judgment is entered. Supreme Court Queens County recognized that the Appellate Term’s statement was advisory at best. The Court has now held, probably properly, that 2% interest runs until the judgment is paid. While Allstate may appeal this decision, it is likely to be affirmed.
” The portion of Petitioner’s Petition seeking a declaratory judgment on the proper interest rate which accrues on first party no-fault benefits after the entry of judgment is decided as follows…At the time that the underlying claims were filed, said interest accrued at a compound rate. It is well settled that “with respect to interest on first party benefits due under the no-fault statute,…the Insurance Law supersedes the provisions for interest contained in CPLR 5002, 5003 and 5004 (Gov’t Emp. Ins. Co. v. Lombino, 57 AD2d 957, 959, 394 N.Y.S.2d 898 [1977]) The policies of encouraging prompt payment of claims and reducing litigation outweigh limits on interest found elsewhere, See, Matter of McKenna v County of Nassau, Off. of County Attorney, 97 AD2d 440 (2d Dept 1983). The interest rate on No-Fault actions is intentionally punitive, with severe penalties in order to encourage prompt adjustment of claims. As such, the rate of interest is not reduced simply because the claim has been reduced to a judgment. While such claims remain overdue, they accrue interest at two percent per month. As such, plaintiff is entitled to a declaratory judgment recognizing same. “
One Response
Finally a judge told Merani’s Office they are simply wrong. I guess the Appellate Term still did not get the memo