State Farm Mutual Automobile Insurance v. Roman

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.

*591Ordered that the order is affirmed, with costs.

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…