A.I. TRANSPORT v. NEW YORK STATE INSURANCE FUND


301 A.D.2d 380 (2003)

753 N.Y.S.2d 466

A.I. TRANSPORT, Appellant, v. NEW YORK STATE INSURANCE FUND, Respondent.

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

Decided January 9, 2003.


We construe Insurance Law § 5105 (a) to provide that where one of the vehicles involved in an accident is a bus, then any insurer liable to a bus passenger for payment of no-fault first party benefits—including a workers' compensation provider, such as respondent, "paying benefits in lieu of first party benefits"—can recover the amounts it paid to the passenger from the insurer of a liable party (see New York News v State Ins. Fund,

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