CGU Ins. v. Greatheart

Appellate Division of the Supreme Court of New York

CGU Ins. v. Greatheart

301 A.D.2d 649, 753 N.Y.S.2d 883, 2003 N.Y. App. Div. LEXIS 588

Appellate Division of the Supreme Court of the State of New York·Decided January 27, 2003·Published·Cited by 3 cases

Opinion

—In a proceeding to stay arbitration of an uninsured motorist claim, the American Agents Insurance Company appeals from an order of the Supreme Court, Suffolk County (Gowan, J.), dated June 1, 2000, which, after a hearing, granted the petition and permanently stayed arbitration.

Ordered that the order is affirmed, with costs.

The petitioner made a prima facie showing that the offending vehicle was insured at the time of the accident. The burden thus shifted to the appellant to prove that the vehicle was not insured (see Matter of Globe Indem. v Lawrence, 210 AD2d 334; cf. Matter of State Farm Mut. Auto. Ins. Co. v Yeglinski, 79 AD2d 1029). The appellant’s evidence was insufficient to overcome the petitioner’s showing that the offending vehicle was insured on the day of the accident (see Matter of State Farm Ins. Co v Vanblarcom, 226 AD2d 732). Santucci, J.P., Krausman, McGinity, Schmidt and Crane, JJ., concur.

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—In a proceeding to stay arbitration of an uninsured motorist claim, the American Agents Insurance Company appeals from an order of the Supreme Court, Suffolk County (Gowan, J.), dated June 1, 2000, which, after a hearing, granted the petition and permanently stayed arbitration.

Ordered that the order is affirmed, with costs.

The petitioner made a prima facie showing that the offending vehicle was insured at the time of the accident. The burden thus shifted to the appellant to prove that the vehicle was not insured (see Matter of Globe Indem. v Lawrence, 210 AD2d 334; cf. Matter of State Farm Mut. Auto. Ins. Co. v Yeglinski, 79 AD2d 1029). The appellant’s evidence was insufficient to overcome the petitioner’s showing that the offending vehicle was insured on the day of the accident (see Matter of State Farm Ins. Co v Vanblarcom, 226 AD2d 732). Santucci, J.P., Krausman, McGinity, Schmidt and Crane, JJ., concur.

CGU Ins. v. Greatheart, 301 A.D.2d 649, 753 N.Y.S.2d 883, 2003 N.Y. App. Div. LEXIS 588 (N.Y. Ct. App. 2003).

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