Opinion
December 12, 1994
Appeal from the Supreme Court, Queens County (O'Donoghue).
Ordered that the order is affirmed, with costs to the petitioner-respondent.
At the hearing to determine whether arbitration of Brian Lawrence's uninsured motorist claim should be stayed, the petitioner, Globe Indemnity Company, offered proof (New York State Department of Motor Vehicles form DP-37) that the alleged offending car, owned by Shirley Ann Lodge, was insured by Allstate Insurance Company (hereinafter Allstate). A prima facie case of insurance coverage having been established, the burden of proof shifted to Allstate, as the purported insurer, to prove that the vehicle in question was never insured or that the insurance had been cancelled (see, Matter of State Farm Mut. Auto. Ins. Co. v Yeglinski, 79 A.D.2d 1029; Nassau Ins. Co. v Minor, 72 A.D.2d 576). The record reveals that Allstate failed to sustain its burden of rebutting the prima facie case presented by the petitioner. The sole witness to testify at the hearing was an underwriter employed by Allstate who had no personal knowledge of and had not participated in the preparation of the computer printouts upon which Allstate based its disclaimer. Moreover, only a portion of the computer printouts upon which Allstate relied were introduced into evidence (see, Matter of Allstate Ins. Co. v Rivera, 148 A.D.2d 393; see also, Matter of Wausau Ins. Co. v Predestin, 114 A.D.2d 900, 902), and the records that were introduced into evidence were patently insufficient to overcome the prima facie case submitted by petitioner (see, Matter of State Wide Ins. Co. v Libecci, 104 A.D.2d 893). Thus, the Supreme Court properly granted the petition and stayed the arbitration. Balletta, J.P., O'Brien, Friedmann and Florio, JJ., concur.