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Simon v. Motor Vehicle Accident Indemnification Corp.
Citations: 83 A.D.2d 803; 441 N.Y.S.2d 684; 1981 N.Y. App. Div. LEXIS 15155
Court: Appellate Division of the Supreme Court of the State of New York; August 6, 1981; New York; State Appellate Court
The Supreme Court of New York County, under Justice Biangiardo, initially granted the claimant's application for a hearing regarding the timely notice of her claim for no-fault benefits from the Motor Vehicle Accident Indemnification Corporation (MVAIC). However, this order was unanimously reversed on June 18, 1980, leading to the dismissal of the petition. The case arose after the claimant, a New Jersey resident, was struck by an uninsured commercial van on May 17, 1978. Her insurance provider denied coverage, citing an exclusion under New Jersey's No-Fault law for commercial vehicles and recommended she pursue a claim with MVAIC. The critical legal issue was whether the claimant qualified as a "qualified person" under New York's Insurance Law, which defines such individuals as residents of New York or states with similar reciprocity. The court found that the claimant did not meet this definition, as New Jersey's no-fault law applies only to passenger vehicles, not commercial ones. Consequently, since there is no reciprocity regarding commercial vehicle injuries between New York and New Jersey, the claimant was not considered a "qualified person." Therefore, MVAIC was not obligated to provide no-fault benefits, negating the necessity for a hearing on the claim's timeliness. The application for a hearing should have been denied. Judges Birns, Ross, Markewich, and Fein concurred with the decision.