State Farm Mutual Automobile Insurance v. Roman
Cases that cite this one
2 later published cases cite this decision.
- Lincoln General Insurance v. Williams (Appellate Division of the Supreme Court of New York 2010)
- Aiu Insurance v. Marciante (Appellate Division of the Supreme Court of New York 2004)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In a proceeding pursuant to CPLR article 75 to stay arbitration of an uninsured motorist claim, the petitioner appeals from an order of the Supreme Court, Nassau County (O’Shaughnessy, J.), dated March 5, 1996, which denied the petition and dismissed the proceeding.
It is well settled that in a proceeding to stay arbitration of an uninsured motorist claim, the petitioner bears the initial burden of proving that the offending vehicle was insured at the time of the accident. If the petitioner meets this burden, the burden shifts to the party seeking to disclaim coverage to prove that the vehicle was not insured by it at the time of the accident by demonstrating that it had cancelled the policy prior to the accident (see, Matter of State Farm Mut. Auto. Ins. Co. v Ranter, 217 AD2d 633; Matter of State-Wide Ins. Co. v Morales, 204 AD2d 336, 337; Matter of Allstate Ins. Co. v Ramirez, 208 AD2d 828, 829; Matter of Worldwide Underwriters Ins. Co. v Lumbermens Mut. Cas. Co., 181 AD2d 784). We agree with the Supreme Court that the petitioner failed to sustain its burden of establishing that the offending vehicle was covered by insurance. Bracken, J. P., O’Brien, Santucci, Friedmann and Gold-stein, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.