Summary
In Mid-Island Hosp., plaintiffs served a complaint asserting five causes of action for nonpayment of first-party no-fault benefits.
Summary of this case from Marigliano v. New York Central Mutual Fire InsuranceOpinion
May 19, 1986
Appeal from the Supreme Court, Nassau County (Levitt, J.).
Judgment affirmed.
The defendant is awarded one bill of costs.
Special Term properly found that the plaintiffs were entitled to attorney's fees of $50 on each of their five causes of action, as each claim was settled prior to the commencement of the instant action (see, Insurance Law § 5106 [a]; 11 NYCRR 65.16 [c] [8] [viii]). No interest could be awarded on those fees as, unlike other sections of that same regulation, none is provided for pursuant to 11 NYCRR 65.16 (c) (8) (viii). (See also, Interboro Gen. Hosp. v Allcity Ins. Co., 119 A.D.2d 633.) Rubin, J.P., Lawrence, Kunzeman and Kooper, JJ., concur.