In re Empire Ins. Co. v. Allcity Ins. Co

In In re Empire Ins. Co. v. Allcity Ins. Co., 184 Misc. 2d 821, 824, (Sup. Ct. West Ct. 2000) the Court stated specifically that the underlying purpose of the no-fault statute ensures that "every automobile accident victim will be compensated for substantially all of their economic loss promptly and without regard to fault." Id. In that case the plaintiffs were vehicle accident victims entitled to no-fault benefits because they were proceeding on a public roadway when a tree struck their vehicle. court reasoned that the "collision took place between a motor vehicle occupied by the passengers and a tree during the course of the operation of the motor vehicle." Id. The court further reasoned that the plaintiffs were struck by the internal portions of the vehicle which collapsed upon them causing their injuries. Id. The plaintiff was injured by the internal portions of the vehicle as she was an innocent passenger in it, unaware that the vehicle was being driven off a cliff. After applying the factors set forth in 5103 of the New York Insurance Law, the Court has reached the conclusion that the plaintiff has satisfied the requisite factors to trigger first-party no-fault insurance coverage. Since plaintiff's injuries arose out of the "use or operation" of a motor vehicle, she is entitled to first-party benefits under the no-fault law.