Kimbrough v. Walker

Plaintiff, James Kimbrough, in Action No. 1 and Joseph F. Works in Action No. 2 were operating their vehicles when they were involved in accidents with vehicles of the respective defendants. Both plaintiffs were operating uninsured vehicles in violation of title 3 of article 6 of the Vehicle and Traffic Law and were guilty of misdemeanors under section 319. Plaintiff, Minnie Kimbrough, was a passenger in her husband’s vehicle.

Defendants have moved to dismiss these actions because plaintiffs do not qualify. Under article XVIII of the Insurance Law, they do not satisfy the definition of…