MATTER OF JONES v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORP.


172 A.D.2d 942 (1991)

In the Matter of Catherine M. Jones, as Administratrix of The Estate of William D. Jones, Jr., Deceased, Respondent, v. Motor Vehicle Accident Indemnification Corporation, Appellant

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

April 11, 1991


Casey, J.

At issue on this appeal is whether petitioner, as the legal representative of the deceased driver of an uninsured motor vehicle, can seek no-fault benefits from respondent. We agree with Supreme Court that petitioner can seek such benefits.

Insurance Law § 5221 requires that respondent provide for the payment of first-party benefits to a "qualified person" for basic economic loss arising out of the use or operation in New York of...

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