Wallace v. Motor Vehicle Accident Indemnification Corp.

We are called upon, in this case of first impression, to determine the rights of appellant MVAIC in respect of a judgment, rendered in a proceeding to which it was not a *386party, which determined that plaintiff’s intestate was not an insured person within the coverage of the uninsured motorist provision of an automobile liability policy issued to his brother. Upon application subsequently made, the Special Term, in reliance upon that determination, found plaintiff to be a "Qualified person” within the protection of the Motor Vehicle Accident Indemnification Corporation Law (Insurance Law, §…