Goodkin v. United States

MESKILL, Circuit Judge:

This appeal presents a single question: whether New York’s Comprehensive Motor Vehicle Insurance Reparations Act (no-fault law or Act), N.Y.Ins.Law § 5101 et seq. (McKinney 1985), precludes recovery on a cross-claim brought by a defendant whom the Act deems to be a noncovered person against a co-defendant whom the Act deems to be a covered person seeking contribution for basic economic loss damages. In light of New York’s strong policy favoring apportionment of damages among tortfeasors on the basis of relative culpability and given the legislature’s failure to address…