reglab/housing_qa huggingface dataset:
NY Ins L § 5205 (2021)
2021 New York Laws ISC - Insurance Article 52 - Motor Vehicle Accident Indemnification Corporation 5205 - Liability of Directors and Members.

§  5205.  Liability of directors and members. (a) No director shall be individually liable for anything  done  or  any  liability  incurred  or assumed  by  virtue  of  this  article  and  any such liability shall be collectible only from the corporation.  (b) No member shall be subject to  any  liability  except  for  unpaid assessments.
NY Ins L § 5206 (2021)
2021 New York Laws ISC - Insurance Article 52 - Motor Vehicle Accident Indemnification Corporation 5206 - Powers of Corporation.

§ 5206. Powers of corporation. The corporation shall have the power:  (a) To use a corporate seal, to contract, to sue and be sued, to adopt and amend by-laws and to exercise all powers necessary and convenient to accomplish the purposes of this article.  (b)  To  prescribe, subject to the approval of the superintendent, the policy or endorsement form to be issued by  the  members  embodying  the coverage  required  by  subsection  (f)  of  section three thousand four hundred twenty of this chapter.  (c) To provide for the  investigation  of  any  claim  asserted  by  a qualified person against a financially irresponsible motorist.  (d)  To  settle  and pay any claim or judgment asserted by a qualified person against a financially irresponsible motorist.  (e)  To  appear  and  defend,  through  attorneys   representing   the corporation,  on  behalf of the financially irresponsible motorist or on behalf of the corporation in any action brought against  him  or  it  as provided  in subsection (b) of section five thousand two hundred nine of this article.  (f) To levy and  collect  assessments  against  its  members  for  any operating deficits of the corporation and for any funds required for its operation and to enforce payment by legal proceedings.  (g)  To  borrow  for its corporate purposes, with or without security, and to pledge any of its assets as security  for  such  loan.  Notes  or other evidences of indebtedness of the corporation are legal investments for domestic property/casualty insurance companies and may be carried as admitted assets.  (h)  To  pay  expenses  reasonably  incurred by the corporation in the exercise of any of its powers.
NY Ins L § 5207 (2021)
2021 New York Laws ISC - Insurance Article 52 - Motor Vehicle Accident Indemnification Corporation 5207 - Assessments Against Members.

§ 5207. Assessments against members. (a) If at any time in the opinion of  the  board, the corporation shall require funds for the operation of its business, the board shall levy an assessment against the members  of the corporation.  (b) Each member shall be liable to the corporation for that portion of the  assessment  which  the  net  direct written premiums written by the member, namely the gross direct written premiums less return premiums on such direct business, for  policies  insuring  against  legal  liability arising out of the ownership, operation or maintenance of motor vehicles which  are principally garaged in this state, shall bear to the total or aggregate of such net direct premiums written by  all  members  in  this state  in the last complete calendar year as shown by the records of the superintendent.  (c) In this section "member" also includes a former member  which  has withdrawn  from the state or whose license has been revoked or which has been merged into another corporation or has been placed in  liquidation, and  such  member  or  its successor shall be liable for all assessments under this section based upon premiums written by it in New  York  prior to the liquidation, withdrawal, revocation of license or merger.  (d)  The  assessment  of  self-insurers  under  sections three hundred sixteen and three hundred seventy of the vehicle and traffic  law  shall be based upon the amount determined by dividing the amount of the annual assessment  on  insurers  by the number of insured vehicles for the year preceding the determination.
NY Ins L § 5209 (2021)
2021 New York Laws ISC - Insurance Article 52 - Motor Vehicle Accident Indemnification Corporation 5209 - Investigation and Defense of Claims.

§ 5209. Investigation and defense of claims. (a) The corporation shall provide  for the investigation of accidents and actions governed by this article it deems necessary.  (b) The corporation may through  counsel  appear  and  defend  in  any action on its own behalf and on behalf of a defendant and take any other steps  it  deems appropriate including any appropriate method of review. All such acts shall be deemed to be the acts of the corporation and  the defendant.  (c)  Nothing  in  this  article shall deprive a defendant of the right also to employ counsel and defend the action.  (d) In any case in which the corporation has assumed  the  defense  of any  action  under  this article, the defendant shall cooperate with the corporation  in  the  defense  of  the  action.  In  the  event  of  the defendant's failure to do so, the corporation may apply to the court for an order directing cooperation.
NY Ins L § 5210 (2021)
2021 New York Laws ISC - Insurance Article 52 - Motor Vehicle Accident Indemnification Corporation 5210 - Application for Payment of Judgment.

§  5210.  Application  for payment of judgment. (a) When any qualified person who has complied with all the  applicable  requirements  of  this article  recovers  a  final  judgment  in  a court against a financially irresponsible motorist, for injury to, or death of, any  person  arising out  of the ownership, maintenance or use of the uninsured motor vehicle in this state, which remains unpaid, and all appeals have been concluded or the time for commencing them has expired, the judgment  creditor  may file  a verified petition in the court in which the judgment was entered and, upon ten days' written notice to the corporation apply to the court for an order directing payment by the corporation of the  amount  unpaid on  the  judgment.    However,  there shall be no right of recovery by a covered person from the corporation for non-economic  loss  unless  such person  has  incurred  a  serious  injury,  as such terms are defined in section five thousand one hundred two of this chapter.    Such  judgment exclusive of interest and costs shall not exceed:  (1) twenty-five thousand dollars on account of injury to one person in any one accident, and  (2)  fifty  thousand  dollars on account of death to one person in any one accident, and  (3) fifty thousand dollars on account  of  injury  to  more  than  one person  in any one accident subject to the limit of twenty-five thousand dollars for any one person, and  (4) one hundred thousand dollars on account of death to more than  one person  in  any  one  accident  subject  to  the limit of fifty thousand dollars for any one person.  (b) The above applicable limit of liability shall be  reduced  by  the amount of:  (1)    any  collectible  liability  insurance  and available assets or contribution of the financially irresponsible motorist; and  (2)  any payment received by the qualified person from or on behalf of any  person  jointly  or   severally   liable   with   the   financially irresponsible motorist.  (c)  Any  such  judgment  shall  be  regarded  as  excess to any other collectible   liability   insurance   afforded   to   any    financially irresponsible motorist.
NY Ins L § 5211 (2021)
2021 New York Laws ISC - Insurance Article 52 - Motor Vehicle Accident Indemnification Corporation 5211 - Hearing on Application for Payment of Judgment.

§  5211. Hearing on application for payment of judgment. (a) The court shall proceed upon the petition in a summary manner and  the  petitioner must show:  (1) the petitioner is a qualified person;  (2)  the  petitioner  was not at the time of the accident operating an uninsured motor vehicle or operating a motor vehicle in violation of  an order of suspension or revocation;  (3)  the petitioner has complied with the requirements of section five thousand two hundred eight of this article;  (4) whether the judgment debtor  at  the  time  of  the  accident  was insured under a policy of motor vehicle liability insurance or indemnity bond  under  which the insurer or surety is liable to pay all or part of the judgment;  (5) the petitioner has obtained a judgment as provided in section five thousand two hundred ten of this article, the amount of the judgment and the amount unpaid at the date of the application;  (6) the application is not made by or on  behalf  of  any  insurer  or surety  liable  for the payment of all or part of the judgment by reason of any motor vehicle liability insurance policy or  any  indemnity  bond and  that  no part of the amount to be paid by the corporation is sought in lieu of making a claim, receiving a payment which is payable  by,  or to indemnify, such an insurer or surety; and  (7)  whether  he has obtained judgment against any other person liable for damages for bodily injury or death arising out of the  accident  and the amounts paid.  (b)  The  corporation  may  appear  and  be heard in opposition to the petition.
NY Ins L § 5212 (2021)
2021 New York Laws ISC - Insurance Article 52 - Motor Vehicle Accident Indemnification Corporation 5212 - Order for Payment of Judgment.

§  5212.  Order  for  payment  of  judgment. The court shall order the   corporation to pay the sum, if  any,  it  finds  payable  on  the  claim   pursuant  to  the  provisions  and  limitations of this article if it is   satisfied of the truth of all  matters  required  to  be  shown  by  the   petitioner  by section five thousand two hundred eleven of this article,   and that the petitioner has fully pursued  and  exhausted  all  remedies   available   for  recovering  upon  the  judgments  against  all  persons   mentioned in paragraph seven of subsection (a) of section five  thousand   two  hundred eleven of this article.
NY Ins L § 5213 (2021)
2021 New York Laws ISC - Insurance Article 52 - Motor Vehicle Accident Indemnification Corporation 5213 - Settlement of Claims or Actions.

§  5213.  Settlement  of  claims  or actions. (a) The corporation may, except in the case of claims or actions by or on behalf  of  infants  or judicially  declared  incompetents,  settle  without  court approval any claim or action against a  financially  irresponsible  motorist  if  the board,  after due deliberation, is satisfied that the settlement is fair and has approved payment, which shall in no event exceed the  applicable amount  specified  in  section  five  thousand  two  hundred ten of this article and that:  (1) the claimant has complied  with  the  requirements  prescribed  in paragraphs one, two and three of subsection (a) of section five thousand two hundred eleven of this article;  (2)  the  settlement is not made on the behalf of an insurer or surety under circumstances described in paragraph  six  of  subsection  (a)  of section five thousand two hundred eleven of this article;  (3)  the  financially  irresponsible motorist involved in the accident was not insured under a policy of motor vehicle liability  insurance  or an  indemnity  bond  under which the insurer or surety is liable for the damages sustained; and  (4) a judgment against the financially  irresponsible  motorist  would not be collectible within a reasonable time.  (b)  As a condition to the payment of the amount of the settlement the qualified person, notwithstanding the provisions of title one of article thirteen of the general obligations law, shall assign his claim  to  the corporation  which  shall then be subrogated to all of the rights of the qualified person against the financially irresponsible motorist.
NY Ins L § 5214 (2021)
2021 New York Laws ISC - Insurance Article 52 - Motor Vehicle Accident Indemnification Corporation 5214 - Default and Consent Judgments.

§  5214.  Default and consent judgments. (a) No claim shall be allowed and ordered to be paid by the corporation if the court  finds  upon  the hearing  for  the  allowance  of  the  claim  that  it is founded upon a judgment which was entered by default or consent of the defendant.  (b) When  the  corporation  receives  notice  of  intention  to  enter judgment  and  intention to file a claim against the corporation and the time allowed for filing an answer has expired, the corporation shall  be granted  a  reasonable  time after the receipt of notice by it to answer and to defend the action.  (c) If upon a hearing for the  allowance  of  any  claim  against  the corporation  the court finds that the judgment was entered by default or with the consent or agreement of the defendant it shall order  that  the judgment  insofar  as  it  affects  the corporation be set aside and the corporation permitted to proceed in the action as provided above.
NY Ins L § 5215 (2021)
2021 New York Laws ISC - Insurance Article 52 - Motor Vehicle Accident Indemnification Corporation 5215 - Collusive Judgments.

§ 5215. Collusive judgments. No claim against the corporation shall be   allowed  if  the  court finds, upon the hearing for the allowance of the   claim, that the judgment upon which the claim is founded was obtained by   fraud, or by collusion of the plaintiff and  of  any  defendant  in  the   action,  relating to any matter affecting the cause of action upon which   the judgment is founded or the amount of damages assessed therein.
NY Ins L § 5216 (2021)
2021 New York Laws ISC - Insurance Article 52 - Motor Vehicle Accident Indemnification Corporation 5216 - Assignments of Judgments to Corporation.

§  5216.  Assignments of judgments to corporation. (a) The corporation shall not pay any sum,  in  compliance  with  an  order  made  for  that purpose,  if  the  claim  is  founded upon a judgment, except a judgment obtained  against  the  corporation  under  this  article,   until   the petitioner assigns the judgment to the corporation.  (b)  After assignment the corporation shall be entitled to enforce the judgment for the full amount with interest and costs.   Money  collected on  the  judgment in excess of all amounts paid by the corporation shall be paid to the judgment creditor.
NY Ins L § 5217 (2021)
2021 New York Laws ISC - Insurance Article 52 - Motor Vehicle Accident Indemnification Corporation 5217 - "Hit and Run" Causes of Action.

§  5217. "Hit  and  run"  causes of action. The protection provided by   this article shall not apply to any  cause  of  action  by  a  qualified   person  arising  out of a motor vehicle accident occurring in this state   against a person whose identity is unascertainable,  unless  the  bodily   injury  to  the  qualified  person  arose out of physical contact of the   motor vehicle causing the injury with the qualified  person  or  with  a   motor  vehicle  which  the qualified person was occupying (meaning in or   upon or entering into or alighting from) at the time of the accident.
NY Ins L § 5219 (2021)
2021 New York Laws ISC - Insurance Article 52 - Motor Vehicle Accident Indemnification Corporation 5219 - Disclaimer or Denial of Coverage Cases.

§  5219. Disclaimer or denial of coverage cases. If a qualified person   who has complied with paragraph three of subsection (a) of section  five   thousand  two  hundred eight of this article obtains judgment against an   owner of a motor vehicle after a trial on the  merits  and  there  is  a   final  judgment  in  favor  of  the  insurer  of  the  owner  based on a   disclaimer or denial of coverage by the insurer,  the  qualified  person   may  preserve  his  right  to  apply for payment from the corporation by   complying with the procedure prescribed in  section  five  thousand  two   hundred ten of this article.
NY Ins L § 5220 (2021)
2021 New York Laws ISC - Insurance Article 52 - Motor Vehicle Accident Indemnification Corporation 5220 - Notice of Judgment to Commissioner.

§ 5220. Notice of judgment to commissioner. The corporation shall give   notice  to  the  commissioner  of the entry of any judgment upon which a   claim is made against the corporation under this article    and  of  the   payment  of any such judgment, or the payment or settlement of any claim   by the corporation.
NY Ins L § 5221 (2021)
2021 New York Laws ISC - Insurance Article 52 - Motor Vehicle Accident Indemnification Corporation 5221 - "No-Fault" Benefits to Qualified Persons.

§ 5221. "No-fault" benefits to qualified persons. (a) The terms "basic economic  loss",  "first  party benefits", "non-economic loss", "serious injury", "motor  vehicle",  "insurer",  "uninsured  motor  vehicle"  and "covered  person",  as used in this section, shall have the same meaning given them in section five thousand one hundred two of this chapter.  (b)  (1)  Notwithstanding  the  provisions  of   this   article,   the corporation  shall  also provide for the payment of first party benefits to a qualified person for basic economic loss arising out of the use  or operation in this state of an uninsured motor vehicle.  (2)  A  qualified  person  who  has  complied  with all the applicable requirements of this article shall be deemed to be a covered person  and shall  have  only such rights as a covered person may have under article fifty-one of this chapter.  (3) The corporation shall have only those rights and obligations which are applicable to an  insurer  subject  to  article  fifty-one  of  this chapter.  (4)  No  payment  for non-economic loss shall be made pursuant to this article to a covered person unless such person has  incurred  a  serious injury,  as  such terms are defined in section five thousand one hundred two of this chapter.  (5) The corporation shall not duplicate any element of basic  economic loss provided for under this section or any section of article fifty-one of  this chapter. No payments of first party benefits for basic economic loss made pursuant to this section shall diminish the obligations of the corporation under this article for the payment of non-economic loss  and economic loss in excess of basic economic loss.  (6)  If  a  controversy  arises between the corporation and an insurer concerning the obligation to pay first party benefits, payment of  first party benefits by the corporation shall not be stayed pending resolution of  the  controversy.  Any  such controversy shall be solely resolved by submission to mandatory arbitration pursuant to  procedures  promulgated or  approved by the superintendent. Such procedures shall, to the extent practicable, be those applicable to insurers pursuant  to  section  five thousand one hundred five of this chapter.  (c)  The  corporation  shall  continue  to  comply  with  the  plan of operation  approved  by  the  superintendent,  which  provides  for  the economical, prompt and fair payment of first party benefits to qualified persons  in substantially the same manner as is required of insurers and self-insurers by article fifty-one of this chapter  and  regulations  of the  superintendent. The plan may provide for the corporation to utilize the service of authorized insurers in the payment of  claims  for  first party  benefits.  Amendments to the plan of operation may be made on the initiative  of  the  directors,  subject  to   the   approval   of   the superintendent, or shall be made at the direction of the superintendent.
NY Ins L § 5222 (2021)
2021 New York Laws ISC - Insurance Article 52 - Motor Vehicle Accident Indemnification Corporation 5222 - Examination of Corporation.

§  5222.  Examination of corporation. The superintendent shall make an   examination  into  the  affairs  of  the  corporation  as  provided   in   subsection (a) of section three hundred nine of this chapter.
NY Ins L § 5224 (2021)
2021 New York Laws ISC - Insurance Article 52 - Motor Vehicle Accident Indemnification Corporation 5224 - Penalty for False Statements.

§  5224.  Penalty  for  false  statements. Any person and any agent or   employee of a person, who  knowingly  files  with  the  corporation  any   document  required  under  this  article, which is false or contains any   material misstatement of fact shall be guilty of a misdemeanor and  upon   conviction  therof  shall  be  subject  to  a fine of not less than five   hundred  dollars,  nor  more  than  twenty-five  hundred   dollars,   or   imprisonment for not more than thirty days.
NY Ins L § 5225 (2021)
2021 New York Laws ISC - Insurance Article 52 - Motor Vehicle Accident Indemnification Corporation 5225 - Exemption From Taxation.

§  5225. Exemption from taxation. The corporation shall be exempt from   all taxes and fees now or hereafter imposed by  the  state,  or  by  any   county,  municipality or local authority or subdivision, except that any   real property owned by the  corporation  shall  be  subject  to  county,   municipal or local taxation to the same extent according to its value as   other  similar  real property is taxed and that the corporation shall be   subject to the fees imposed pursuant to section two hundred two  of  the   vehicle and traffic law.
NY Ins L § 5301 (2021)
2021 New York Laws ISC - Insurance Article 53 - Motor Vehicle Insurance Assigned Risk Plans 5301 - Participation in Assigned Risk Plans.

§  5301.  Participation  in  assigned  risk  plans.  (a)  All insurers licensed to write motor vehicle insurance in this state shall  subscribe to  and  participate in the reasonable plan or plans, approved, or which may be approved, by the  superintendent  after  consultation  with  such insurers,  for equitable apportionment among such insurers of applicants for such insurance who are in good faith entitled to but are  unable  to procure it through ordinary methods.  (b)  Amendments to the plan may be made by the committee designated to administer the plan, subject to the approval of the  superintendent,  or shall be made at the direction of the superintendent.
NY Ins L § 5302 (2021)
2021 New York Laws ISC - Insurance Article 53 - Motor Vehicle Insurance Assigned Risk Plans 5302 - Administration.

§  5302.  Administration.  (a)  In  addition  to  the  members  of the committee elected  by  the  subscribers  to  administer  the  plan,  the superintendent  shall  appoint annually two additional members who shall be duly licensed insurance agents or  brokers  representative  of  broad segments of the public obtaining insurance through the plan.  (b)  Such  committee  shall  establish  for  the benefit of applicants standards of service of participating insurers including timely issuance of policies, certificates and endorsements,  financial  security  forms, and the collection of required deposits.