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IN THE MATTER OF EAGLE INS. CO. v. BEAUVIL

Appellate Division of the Supreme Court of New York, Second Department.
Sep 24, 2002
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ORDERED that the judgment is affirmed, with costs.

The petitioner established a prima facie case as to the existence of insurance coverage for the subject vehicle by producing the police accident report which contained the offending vehicle's insurance code (see Matter of Centennial Ins. Co. v. Capehart, 220 A.D.2d 499; Matter of Wausau Ins. Co. v. Ramos, 151 A.D.2d 487). The appellant, the offending vehicle's alleged carrier, submitted a letter stating in conclusory fashion that it did not insure the offending vehicle. This was insufficient to overcome the petitioner's prima facie case (see Matter of Eagle Ins. Co. v. Sadiq, 237 A.D.2d 605). The Supreme Court, therefore, properly permanently stayed uninsured motorist arbitration.

ALTMAN, J.P., S. MILLER, McGINITY, SCHMIDT and RIVERA, JJ., concur.