From Casetext: Smarter Legal Research

In re Government Emp. Ins. Co. v. McFarland

Appellate Division of the Supreme Court of New York, Second Department
Aug 27, 2001
286 A.D.2d 500 (N.Y. App. Div. 2001)

Opinion

Submitted June 27, 2001

August 27, 2001.

In a proceeding pursuant to CPLR 7503 to permanently stay arbitration of an uninsured motorist claim, Allstate Insurance Company appeals from an order of the Supreme Court, Nassau County (Adams, J.), dated November 15, 2000, which granted the petition and permanently stayed the arbitration.

Robert P. Tusa (Sweetbaum Sweetbaum, Lake Success, N.Y. [Marshall D. Sweetbaum] of counsel), for proposed additional respondent-appellant.

Darienzo Lauzon (Montfort, Healy, McGuire Salley, Garden City, N Y [Donald S. Neumann, Jr.] of counsel), for petitioner-respondent.

Before: DAVID S. RITTER, J.P., MYRIAM J. ALTMAN, LEO F. McGINITY, BARRY A. COZIER, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

The petitioner, Government Employees Insurance Company (hereinafter GEICO), commenced this proceeding for a permanent stay of arbitration of an uninsured motorist claim made by its insured, the respondent Adonna McFarland. GEICO met its initial burden of proving that the alleged offending vehicle was insured by Allstate Insurance Company (hereinafter Allstate) at the time of the accident. In support of its petition, GEICO submitted the police accident report identifying Allstate as the insurer of the alleged offending vehicle ( see, Matter of State Farm Mut. Auto. Ins. Co. v. Youngblood, 270 A.D.2d 493; Matter of Eagle Ins. Co. v. Olephant, 81 A.D.2d 886). In opposition thereto, Allstate failed to meet its burden of demonstrating that the policy at issue had been effectively cancelled prior to the accident ( see, Matter of State Farm Mut. Auto. Ins. Co. v. Youngblood, supra; Matter of American Home Assur. Co. v. Wai Ip Wong, 249 A.D.2d 301; Matter of Eagle Ins. Co. v. Tichman, 185 A.D.2d 884). Thus, the Supreme Court properly granted the petition.

RITTER, J.P., ALTMAN, McGINITY and COZIER, JJ., concur.


Summaries of

In re Government Emp. Ins. Co. v. McFarland

Appellate Division of the Supreme Court of New York, Second Department
Aug 27, 2001
286 A.D.2d 500 (N.Y. App. Div. 2001)
Case details for

In re Government Emp. Ins. Co. v. McFarland

Case Details

Full title:IN THE MATTER OF GOVERNMENT EMPLOYEES INSURANCE COMPANY…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Aug 27, 2001

Citations

286 A.D.2d 500 (N.Y. App. Div. 2001)
729 N.Y.S.2d 739

Citing Cases

In re Government Employees v. Williams-Staley

ORDERED that the appellant is awarded one bill of costs payable by the petitioner. As the party seeking a…

Allstate Ins. Co. v. Padilla

Here, the petitioner met its prima facie burden by producing a copy of the police accident report, which…