Westchester Fire Insurance v. Nesbitt

*24OPINION OF THE COURT

Schnepp, J.

Plaintiff is the insurer of the owner of an automobile which, while being operated by one Caplick in his garage business, struck and injured a ped.estrian. Caplick had a garageman’s policy of liability insurance and his insurer settled the pedestrian’s personal injury action. Plaintiff, which has paid first-party no-fa;ult benefits to the pedestrian, seeks to impose a lien on the settlement under subdivision 2 of section 673 of the Insurance Law contending that Caplick is a “noncovered” person. We reject this contention and hold that plaintiff has no basis for…