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WILLINGHAM v. HUSTON

Appellate Division of the Supreme Court of New York, First Department.
Jan 11, 2007
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Petitioner failed to provide certain required information to MVAIC when she filled out her notice of intention to make a claim. Even after being advised of the omissions, she failed to supplement the form with the necessary information. Among the missing information was establishment that she was a "qualified person" (Insurance Law § 5211 [a] [1]), which would have required proof of her New York residency (Insurance Law § 5202 [b] [i]) in light of her South Carolina address. Nor did she demonstrate, as evident from the record, that she undertook reasonable efforts to establish the uninsured status of the vehicle's owner or operator (Insurance Law § 5208 [a] [1] [B]; [3] [A] [ii]).