Legal Question in Insurance Law in New York

Re: Auto insurance in New York

Prescribed medication would not be a defense to the insurance company's obligation to defend. I assume that your daughter would be in the case because she is the registered owner of the vehicle, since otherwise, she would not have any apparent exposure to the other driver. Remember, if your daughter and son-in-law owned a home together which they bought during their marriage, the house cannot be reached by claimants against the estate (because it passed to your daughter immediately upon your son-in-law's decease).

A lawsuit against your daughter as personal representative (executrix or administratrix) could only reach probate assets, not assets that passed to your daughter as surviving tenant by the entirety (the house) or joint tenants (bank accounts and investment accounts if titled as JTWROS).

In other words, there does not appear to be anything in the lawsuit that anyone should lose sleep over. Just make sure the insurance company is advised of the claim and lawsuit.