Interboro Mutual Indemnity Insurance v. Quichiz

Appellate Division of the Supreme Court of New York

Interboro Mutual Indemnity Insurance v. Quichiz

238 A.D.2d 421, 657 N.Y.S.2d 352, 1997 N.Y. App. Div. LEXIS 3850

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

DecidedApril 14, 1997

StatusPublished

Cited by2 cases

This text of 238 A.D.2d 421 (Interboro Mutual Indemnity Insurance v. Quichiz) 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

Interboro Mutual Indemnity Insurance v. Quichiz, 238 A.D.2d 421, 657 N.Y.S.2d 352, 1997 N.Y. App. Div. LEXIS 3850 (N.Y. Ct. App. 1997).

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Opinion

—In a proceeding pursuant'to CPLR article 75 to permanently stay arbitration of an uninsured motorist claim, Luis Quichiz appeals from a judgment of the Supreme Court, Nassau County (McCarty, J.), dated May 22, 1996, which, upon renewal, granted the petition and stayed the arbitration.

Ordered that the judgment is affirmed, with costs.

An insurance carrier seeking to stay arbitration of an unin[422]*422sured motorist claim has the burden of going forward to establish that the offending vehicle was insured at the time of the accident. Once the insurer establishes a prima facie case, the burden shifts to the party opposing the stay to come forward with evidence to the contrary (see, Matter of Eagle Ins. Co. v Patrik, 233 AD2d 327; Matter of State-Wide Ins. Co. v Morales, 204 AD2d 336, 337; Matter of Eagle Ins. Co. v Tichman, 185 AD2d 884, 886). Here, the petitioner insurance carrier submitted the records of the Department of Motor Vehicles indicating that the offending vehicle was insured, and a letter from American Transit Insurance Company which admitted that it insured the vehicle on the day of the accident. The appellant offered nothing to contradict these facts. Therefore, the court properly granted the petition and stayed the arbitration. Bracken, J. P., Pizzuto, Florio and McGinity, JJ., concur.

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—In a proceeding pursuant'to CPLR article 75 to permanently stay arbitration of an uninsured motorist claim, Luis Quichiz appeals from a judgment of the Supreme Court, Nassau County (McCarty, J.), dated May 22, 1996, which, upon renewal, granted the petition and stayed the arbitration.

Ordered that the judgment is affirmed, with costs.

An insurance carrier seeking to stay arbitration of an unin[422]*422sured motorist claim has the burden of going forward to establish that the offending vehicle was insured at the time of the accident. Once the insurer establishes a prima facie case, the burden shifts to the party opposing the stay to come forward with evidence to the contrary (see, Matter of Eagle Ins. Co. v Patrik, 233 AD2d 327; Matter of State-Wide Ins. Co. v Morales, 204 AD2d 336, 337; Matter of Eagle Ins. Co. v Tichman, 185 AD2d 884, 886). Here, the petitioner insurance carrier submitted the records of the Department of Motor Vehicles indicating that the offending vehicle was insured, and a letter from American Transit Insurance Company which admitted that it insured the vehicle on the day of the accident. The appellant offered nothing to contradict these facts. Therefore, the court properly granted the petition and stayed the arbitration. Bracken, J. P., Pizzuto, Florio and McGinity, JJ., concur.

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238 A.D.2d 421, 657 N.Y.S.2d 352, 1997 N.Y. App. Div. LEXIS 3850, Counsel Stack Legal Research, https://law.counselstack.com/opinion/interboro-mutual-indemnity-insurance-v-quichiz-nyappdiv-1997.

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