Archer v. Motor Vehicle Accident Indemnification Corp.

OPINION OF THE COURT

Hinds-Radix, J.

At issue on this appeal is whether Insurance Law § 5214 bars the entry of a default judgment against the Motor Vehicle Accident Indemnification Corporation (hereinafter MVAIC) where it has defaulted in an action brought directly against it by an injured person. We conclude that Insurance Law § 5214 does not apply in these circumstances, and that leave to enter a default judgment against MVAIC was properly granted.

The plaintiff, a pedestrian, was allegedly injured in a hit-and-run accident on January 18, 2008. On or about February 11, 2008, he served a notice…