Damadian MRI in Garden City, P.C. v. Progressive Casualty Insurance

OPINION OF THE COURT

Charles J. Markey, J.

The issue litigated in this case for no-fault benefits is whether the defendant insurer can successfully disclaim no-fault benefits, in a Civil Court action, by arguing that the plaintiffs assignee should seek recovery from the insurer of the *246rental car that its assignor was driving at the time of the injury. The case also addresses the novel question of whether, under the circumstances of the present case, joinder of the rental car company’s insurer is required so that the court can examine both insurance policies in controversy and, in particular,…