O'Rourke v. Motor Vehicle Accident Indemnification Corp.

Order, entered November 30, 1967, unanimously reversed, on the law, without costs and disbursements, and matter remanded to Special Term for a hearing upon the issues of whether the petitioner is a “ qualified person ” under section 618 of the Insurance Law and whether “ all reasonable efforts ” were made to ascertain the identity of the “hit and run” vehicle and the owner and operator thereof as required by that section. The granting of permission to bring an action against MVAIC is conditioned upon the court being “satisfied, upon the hearing of the application ”, that the applicant is such…