MATTER OF DELBEAU v. ST. JEAN


66 A.D.2d 819 (1978)

In the Matter of Fausta Delbeau, as Administrator of The Estate of Jeannel Delbeau, Deceased, Respondent, v. Julius St. Jean, a Financially Irresponsible Motorist, by The Motor Vehicle Accident Indemnification Corporation, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 18, 1978


Order reversed, on the law, with $50 costs and disbursements, and matter remanded to Special Term for further proceedings in accordance herewith.

In accordance with subdivision (d) of section 611 of the Insurance Law, petitioner was "required to show * * * whether the judgment debtor at the time of the accident was insured". Special Term erred in holding that MVAIC was estopped from claiming that the judgment debtor did, in fact, have such insurance merely because...

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