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.
New York Legal Code