§ 5211 — Hearing on application for payment of judgment

New York § 5211

• Jurisdiction: New York
• Law ISC: Insurance
• Art. 52: Motor Vehicle Accident Indemnification Corporation

Text

§ 5211. Hearing on application for payment of judgment. (a) The court\nshall proceed upon the petition in a summary manner and the petitioner\nmust show:\n (1) the petitioner is a qualified person;\n (2) the petitioner was not at the time of the accident operating an\nuninsured motor vehicle or operating a motor vehicle in violation of an\norder of suspension or revocation;\n (3) the petitioner has complied with the requirements of section five\nthousand two hundred eight of this article;\n (4) whether the judgment debtor at the time of the accident was\ninsured under a policy of motor vehicle liability insurance or indemnity\nbond under which the insurer or surety is liable to pay all or part of\nthe judgment;\n (5) the petitioner has obtained a judgment as provided in section five\nthousand two hundred ten of this article, the amount of the judgment and\nthe amount unpaid at the date of the application;\n (6) the application is not made by or on behalf of any insurer or\nsurety liable for the payment of all or part of the judgment by reason\nof any motor vehicle liability insurance policy or any indemnity bond\nand that no part of the amount to be paid by the corporation is sought\nin lieu of making a claim, receiving a payment which is payable by, or\nto indemnify, such an insurer or surety; and\n (7) whether he has obtained judgment against any other person liable\nfor damages for bodily injury or death arising out of the accident and\nthe amounts paid.\n (b) The corporation may appear and be heard in opposition to the\npetition.\n