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Matter of Eagle Insurance Company v. Pusey

Appellate Division of the Supreme Court of New York, Second Department
Apr 3, 2000
271 A.D.2d 445 (N.Y. App. Div. 2000)

Opinion

Submitted February 16, 2000.

April 3, 2000.

In a proceeding pursuant to CPLR 7503 to stay arbitration of an uninsured motorist claim, the petitioner appeals from an order of the Supreme Court, Nassau County (Winslow, J.), dated March 31, 1999, which denied the petition and dismissed the proceeding.

Samuel K. Rubin, Bethpage, N.Y. (Alan H. Krystal of counsel), for appellant.

Saperston Day, P.C., Rochester, N.Y. (Eric A. Fitzgerald of counsel; Kim M. Shaffer on the brief), for proposed additional respondent-respondent.

DAVID S. RITTER, J.P., THOMAS R. SULLIVAN, SONDRA MILLER, DANIEL F. LUCIANO, HOWARD MILLER, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

An insurance carrier seeking to stay the arbitration of an uninsured motorist claim has the burden of establishing that the offending vehicle was insured at the time of the accident (see,Matter of American Home Assur. Co. v. Wai Ip Wong, 249 A.D.2d 301). The proof submitted by the petitioner , a letter from Continental Insurance Company (hereinafter CIC), the offending vehicle's alleged carrier , failed to establish prima facie that the offending vehicle was insured on the date of the accident. In any event, the proof submitted by CIC established that CIC did not insure the offending vehicle on the date of the accident (see,Matter of Eagle Ins. Co. v. Patrik, 249 A.D.2d 327 ).


Summaries of

Matter of Eagle Insurance Company v. Pusey

Appellate Division of the Supreme Court of New York, Second Department
Apr 3, 2000
271 A.D.2d 445 (N.Y. App. Div. 2000)
Case details for

Matter of Eagle Insurance Company v. Pusey

Case Details

Full title:IN THE MATTER OF EAGLE INSURANCE COMPANY, appellant , v. ALANDO PUSEY…

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

Date published: Apr 3, 2000

Citations

271 A.D.2d 445 (N.Y. App. Div. 2000)
706 N.Y.S.2d 123

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