Legal Opinion
Lumbermens Mutual Casualty Co. v. Quintero
Appellate Division of the Supreme Court of the State of New York
Decided May 27, 2003PublishedCited by 8 opinions
1Opinion of the Court
—In a proceeding pursuant to CPLR article 75 to stay arbitration of an uninsured motorist claim, the appeal is from a judgment of the Supreme Court, Queens County (Thomas, J.), dated May 21, 2002, which, after a hearing, granted the petition.
Ordered that the judgment is affirmed, with costs.
In a proceeding to stay arbitration of a claim for uninsured motorist benefits, the claimants’ insurer has the initial burden of proving that the offending vehicle was insured at the time of the accident, and thereafter the burden is on the party opposing the stay to rebut that prima facie showing (see…
2Cases cited4 opinions
- Eagle Insurance v. TichmanAppellate Division of the Supreme Court of the State of New York · 1992
- Nationwide Insurance v. SillmanAppellate Division of the Supreme Court of the State of New York · 1999
- Wausau Insurance v. PredestinAppellate Division of the Supreme Court of the State of New York · 1985
- State Farm Mutual Insurance v. VazquezAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by8 opinions
- Eagle Insurance v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2005
- American International Insurance v. GiovanielliAppellate Division of the Supreme Court of the State of New York · 2010
- New York Central Mutual Fire Insurance v. LicataAppellate Division of the Supreme Court of the State of New York · 2005
- Liberty Mutual Insurance v. GuerrierAppellate Division of the Supreme Court of the State of New York · 2003
- Lumbermens Mutual Casualty Co. v. RamosAppellate Division of the Supreme Court of the State of New York · 2005
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