Williams v. Motor Vehicle Accident Indemnification Corp.

OPINION OF THE COURT

David Friedman, J.

The Motor Vehicle Accident Indemnification Corporation *963(MVAIC) provides benefits to a person who is injured in a "hit and run” incident. Where the incident, however, constitutes an intentional vehicular assault MVAIC is not obligated to make payment to the victim. The issue here is at what point MVAIC must raise such a claim. I conclude that in order for MVAIC to avoid payment it must raise such a defense at the time the victim seeks leave to sue MVAIC pursuant to Insurance Law § 5218. If it fails to raise the claim at that time the defense is lost.

On…