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This entry was published on 2014-09-22
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Settlement of claims or actions
Insurance (ISC) CHAPTER 28, ARTICLE 52
§ 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.