Question: An underinsured driver injured Sandell and Alan Mostow. They requested arbitration under the underinsured motorist provisions of their policy written by State Farm. Those provisions set limits of "$100,000 each person, $300,000 each accident." "Each Person" meant coverage for bodily injury to one person. "Each Accident" meant "the total amount . . . for all damages due to bodily injury to two or more persons in the same accident."
Arbitrators awarded Sandell $190,000 and Alan $100,000. State Farm argued the $300,000 limit was subject to the $100,000 per person limit, so neither could receive more than $100,000. The Mostows argued $100,000 was the limit if one person was injured, but when two or more were injured, $300,000 was the limit. How should the court decide? [Mostow v. State Farm Ins. Companies, 645 N.Y.S.2d 421 (Ct. App.)]