Legal Opinion
American Home Assurance Co. v. Wai Ip Wong
Appellate Division of the Supreme Court of the State of New York
Decided April 6, 1998PublishedCited by 10 opinions
1Opinion 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 (Winslow, J.), dated March 31,1997, which denied the petition and dismissed the proceeding.
Ordered that the order is affirmed, without costs or disbursements.
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. Once such a prima facie case of coverage is established, the burden shifts to the…
2Cases cited2 opinions
- Nationwide Mutual Insurance v. EdgersonAppellate Division of the Supreme Court of the State of New York · 1993
- Eagle Insurance v. Olga PatrikAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by10 opinions
- Government Employees Insurance v. Williams-StaleyAppellate Division of the Supreme Court of the State of New York · 2001
- Eagle Insurance v. PuseyAppellate Division of the Supreme Court of the State of New York · 2000
- Government Employees Insurance v. McFarlandAppellate Division of the Supreme Court of the State of New York · 2001
- Allstate Insurance v. TaddeoAppellate Division of the Supreme Court of the State of New York · 2001
- Matter of State Farm Mut. Auto. Ins. Co. v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2021
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