Matter of Taub

In Matter of Taub, 31 A.D.2d 378 (1st Dept. 1969) the Appellate Division specifically addressed the issue of whether the standard uninsured motorist endorsement extends coverage when the tortfeasor's insurance company subsequently becomes insolvent. In that decision, the Appellate Division found that insolvency of an insurer is tantamount to a disclaimer or denial of coverage, and that holding otherwise would be contrary to the legislative intent of the MVAIC law. (See id. at 381.) The Appellate Division further found that Article 52 of the Insurance Law did not require a particular method of disclaiming coverage, and that the determinative factor was whether the insurance company was able to provide the protections required under the insurance contract.