AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges

IN THE MATTER OF EAGLE INSURANCE COMPANY, appellant , v. ALANDO PUSEY, respondent-respondent; CONTINENTAL INSURANCE COMPANY, proposed additional respondent-respondent, et al., proposed additional respondent.

DECISION ORDER

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 ).

Use AI to get other relevant cases.

Comments

MATTER OF EAGLE INSURANCE COMPANY v. PUSEY
(Apr 3, 2000)