Legal Opinion

Eagle Insurance v. Pusey

Appellate Division of the Supreme Court of the State of New York

Decided April 3, 2000PublishedCited by 6 opinions

1Opinion 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…

2Cases cited2 opinions

  1. American Home Assurance Co. v. Wai Ip WongAppellate Division of the Supreme Court of the State of New York · 1998
  2. Eagle Insurance v. Olga PatrikAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by6 opinions

  1. Government Employees Insurance v. Williams-StaleyAppellate Division of the Supreme Court of the State of New York · 2001
  2. Matter of Fiduciary Ins. Co. of Am. v. GreenidgeAppellate Division of the Supreme Court of the State of New York · 2017
  3. Matter of Travelers Home & Mar. Ins. Co. v. MillerAppellate Division of the Supreme Court of the State of New York · 2023
  4. Farmers Insurance/Truck Insurance Exchange v. TerzulliAppellate Division of the Supreme Court of the State of New York · 2013
  5. Farmers Insurance/Truck Insurance Exchange v. TerzulliAppellate Division of the Supreme Court of the State of New York · 2013

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