American Transit Insurance v. Story

Appellate Division of the Supreme Court of New York

American Transit Insurance v. Story

260 A.D.2d 240, 686 N.Y.S.2d 704, 1999 N.Y. App. Div. LEXIS 3967

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 15, 1999

StatusPublished

Cited by2 cases

This text of 260 A.D.2d 240 (American Transit Insurance v. Story) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

American Transit Insurance v. Story, 260 A.D.2d 240, 686 N.Y.S.2d 704, 1999 N.Y. App. Div. LEXIS 3967 (N.Y. Ct. App. 1999).

Pincite

Opinion

—Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered on or about November 10, 1997, which denied petitioner insurer’s application to stay an uninsured motorist arbitration demanded by respondent insured, unanimously affirmed, without costs.

Petitioner’s proof that it did not insure respondent’s vehicle on September 6, 1993, the date of the accident, was a notice of alleged policy cancellation for the period December 31, 1990 to December 31, 1991, with proof of mailing on February 25, 1991. The record contains no competent proof of cancellation. Respondent’s proof that petitioner did insure the vehicle on the date of the accident was a Department of Motor Vehicles Owner Registration Record Expansion form, dated December 28, 1994, indicating that petitioner was the insurer of the vehicle for the period May 14, 1993 to May 31, 1995 and was “on file [as a previous insurer] as of May 31, 1991”. We agree with respondent that the form indicates that a policy had been either reissued or newly issued by petitioner after 1991 and was in effect at the time of the accident, and that petitioner offered no probative evidence to the contrary (see, Matter of Allstate Ins. Co. v Rivera, 148 AD2d 393).Concur — Sullivan, J. P., Rosenberger, Rubin, Saxe and Buckley, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered on or about November 10, 1997, which denied petitioner insurer’s application to stay an uninsured motorist arbitration demanded by respondent insured, unanimously affirmed, without costs.

Petitioner’s proof that it did not insure respondent’s vehicle on September 6, 1993, the date of the accident, was a notice of alleged policy cancellation for the period December 31, 1990 to December 31, 1991, with proof of mailing on February 25, 1991. The record contains no competent proof of cancellation. Respondent’s proof that petitioner did insure the vehicle on the date of the accident was a Department of Motor Vehicles Owner Registration Record Expansion form, dated December 28, 1994, indicating that petitioner was the insurer of the vehicle for the period May 14, 1993 to May 31, 1995 and was “on file [as a previous insurer] as of May 31, 1991”. We agree with respondent that the form indicates that a policy had been either reissued or newly issued by petitioner after 1991 and was in effect at the time of the accident, and that petitioner offered no probative evidence to the contrary (see, Matter of Allstate Ins. Co. v Rivera, 148 AD2d 393).Concur — Sullivan, J. P., Rosenberger, Rubin, Saxe and Buckley, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

260 A.D.2d 240, 686 N.Y.S.2d 704, 1999 N.Y. App. Div. LEXIS 3967, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-transit-insurance-v-story-nyappdiv-1999.

Opinion

Related

Cite This Page — Counsel Stack