Motor Vehicle Accident Indemnification Corp. v. Morera

Motion to stay arbitration is denied. Subdivision 2-a of section 167 of the Insurance Law requires that all policies must insure against loss by “ an insured motor vehicle where the insurer disclaims liability or denies coverage There is no requirement that the disclaimer be a valid one.

Although setting up a statutory scheme for recovery by a “ qualified person ” (Insurance Law, art. 17-A), a person who is covered by a policy of insurance issued pursuant to section 167 recovers under the policy terms as set forth in that section. The Legislature did not intend to limit an “ insured ” to the…