Ackerman v. Motor Vehicle Accident Indemnification Corp.

Plaintiffs seek a declaratory judgment decreeing that defendant (MVAIC) may not prosecute an action against a “ financially irresponsible motorist ” (Insurance Law, § 601, subd. j) to recover the amount paid in settlement to insureds who were injured in an accident involving an uninsured motor vehicle. Defendant’s answer contained four coun*309terclaims, and sought judgment not only declaring that defendant had the right to prosecute an action to recover the amount of the settlement paid to the insureds, but, in addition, allowing such recovery against plaintiffs for the $1,000 paid in settlement.