Appellate Division of the Supreme Court of New York, 2000

Eagle Insurance v. Pusey

Appellate Division of the Supreme Court of New York · Decided April 3, 2000

271 A.D.2d 445; 706 N.Y.S.2d 123; 2000 N.Y. App. Div. LEXIS 3788

Cases that cite this one

6 later published cases cite this decision.

Matter of Fiduciary Ins. Co. of Am. v. Greenidge (Appellate Division of the Supreme Court of New York 2017)
Government Employees Insurance v. Williams-Staley (Appellate Division of the Supreme Court of New York 2001)
Matter of Progressive Cas. Ins. Co. v. Persaud (Appellate Division of the Supreme Court of New York 2023)
Matter of Travelers Home & Mar. Ins. Co. v. Miller (Appellate Division of the Supreme Court of New York 2023)
Farmers Insurance/Truck Insurance Exchange v. Terzulli (Appellate Division of the Supreme Court of New York 2013)
Farmers Insurance/Truck Insurance Exchange v. Terzulli (Appellate Division of the Supreme Court of New York 2013)

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 7503 to stay arbitration of an uninsured motorist claim, the petitioner appeals from an order of the Supreme Court, Nassau County (Winslow, J.), dated March 31, 1999, which denied the petition and dismissed the proceeding.

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 *446the offending vehicle was insured at the time of the accident (see, Matter of American Home Assur. Co. v Wai Ip Wong, 249 AD2d 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, 233 AD2d 327). Ritter, J. P., Sullivan, S. Miller, Luciano and H. Miller, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.