Cortez v. Djaya

OPINION OF THE COURT

Alan L. Lebowitz, J.

The issue presented by this order to show cause, to wit: whether an uninsured corporation which dispatches an automobile owned and operated by others is a "qualified person” under article 52 of the Insurance Law, is one of first impression in this jurisdiction.

Defendant P & E Car Service contends that it is a qualified person under article 52 and, as such, seeks an order directing the Motor Vehicle Accident Indemnification Corporation (MVAIC) to defend it.

*668MVAIC argues that because P & E Car Service was a dispatcher service and did not own or operate a…