MATTER OF EAGLE INSURANCE COMPANY v. PUSEY

ORDERED that the order is affirmed, with costs.

An insurance carrier seeking to stay the arbitration of an uninsured motorist claim has the burden of establishing that the offending vehicle was insured at the time of the accident (see,Matter of American Home Assur. Co. v. Wai Ip Wong, 249 A.D.2d 301 ). The proof submitted by the petitioner , a letter from Continental Insurance Company (hereinafter CIC), the offending vehicle's alleged carrier , failed to establish prima facie that the offending vehicle was insured on the date of the accident. In any event, the proof submitted by CIC established that CIC did not insure the offending vehicle on the date of the accident (see,Matter of Eagle Ins. Co. v. Patrik, 249 A.D.2d 327 ).