Richard Costantino v. Stanley Skolnick

Summary

The court affirmed the judgment declining to decide whether the insurer's policy limit barred payment of offer-of-judgment interest. It held that the statutory prerequisite of a trial could not be satisfied by the parties' settlement agreement and stipulation treating the settlement as a verdict and judgment. The court also concluded that the insurer's broader request for a declaration concerning liability-insurance contracts would have sought an impermissible advisory opinion. PALMER, J., dissenting, would have held that the trial court could and should decide the coverage dispute under the parties' stipulation in the declaratory-judgment action.