Jones v. Motor Vehicle Accident Indemnification Corp.

Appeal from an order of the Supreme Court (White, J.), entered June 28, 1990 in Montgomery County, which granted petitioner’s application pursuant to Insurance Law § 5208 to compel respondent to pay petitioner no-fault benefits.

At issue on this appeal is whether petitioner, as the legal representative of the deceased driver of an uninsured motor vehicle, can seek no-fault benefits from respondent. We agree with Supreme Court that petitioner can seek such benefits.

Insurance Law § 5221 requires that respondent provide for the payment of first-party benefits to a "qualified person” for basic…