American Mfrs. Mut. Ins. Co. v. Morgan

In American Mfrs. Mut. Ins. Co. v. Morgan, 296 A.D.2d 491 [2002] the Second Department found that Regulation 35-D intentionally affords broader coverage than does the compulsory uninsured motorist scheme. The purpose, at least in part, is to provide those who exercised the option to purchase such coverage, and paid a premium therefor, with the right to prompt recovery from their own insurance carrier. In Morgan, the Court held that the insured should not have to await recovery from the Security Fund on behalf of an offending vehicle's insolvent insurer, particularly since the SUM insurer would have a right of subrogation against the Security Fund.