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In the Matter of ALLSTATE INSURANCE COMPANY, Respondent, v. VINCENT GUIDA, Respondent, and CONTINENTAL REINSURANCE COMPANY, Appellant.

Ordered that the order and judgment is affirmed, with costs.

The petitioner established a prima facie case that the vehicle allegedly responsible for the underlying accident was insured by the appellant. Since the appellant failed to rebut the petitioner's prima facie case with evidence to establish that the vehicle allegedly responsible for the underlying accident was uninsured (see, Matter of Foster [MVAIC], 55 Misc.2d 784 ; cf., Matter of Allstate Ins. Co. v. Karadag, 205 A.D.2d 531 [decided herewith]), the Supreme Court properly stayed the arbitration. Thompson, J.P., Rosenblatt, Ritter, Friedmann and Krausman, JJ., concur.

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MATTER OF ALLSTATE INSURANCE COMPANY v. GUIDA
(Jun 6, 1994)