Winterstein v. Pollard

Does CPLR 308 (subd. [4]) authorize the court to direct that service be made upon a defendant who resided in New York at the time of the accident by serving the insurance carrier whose name appears on the records of the Commissioner of Motor Vehicles as the insurer under a policy in force on the date of the accident? The Legislature could, of course, have constituted the insurer the agent of the insured for service of process, Milliken v. Meyer (311 U. S. 457, rehearing den. 312 U. S. 712), or even have authorized the bringing of action directly against the insurer. It has not done so.…