Legal Opinion

Integon National Insurance v. Montagna

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

Decided January 5, 2010PublishedCited by 1 opinion

1Opinion of the Court

After the petitioner, Integon National Insurance Company (hereinafter Integon) established, prima facie, that the respondents Liberty Mutual Insurance Company (hereinafter Liberty) and Diamond State Insurance Company (hereinafter Diamond) insured the vehicle that was involved in the subject accident, the burden shifted to Liberty and Diamond to establish a lack of coverage or a timely and valid disclaimer of coverage (see Matter of Progressive Northeastern Ins. Co. v Gibson, 62 AD3d 804 [2009]; Matter of State Farm Mut. Auto. Ins. Co. v Mazyck, 48 AD3d 580, 580-581 [2008]; Matter of Mercury…

2Cases cited10 opinions

  1. State Farm Mutual Automobile Insurance v. YeglinskiAppellate Division of the Supreme Court of the State of New York · 1981
  2. Mercury Insurance Group v. OcanaAppellate Division of the Supreme Court of the State of New York · 2007
  3. Pierre v. Providence Washington InsuranceNew York Court of Appeals · 2002
  4. Eagle Insurance v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2005
  5. Progressive Northeastern Insurance v. GibsonAppellate Division of the Supreme Court of the State of New York · 2009

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3Cited by1 opinion

  1. Government Employees Insurance v. O'NeilAppellate Division of the Supreme Court of the State of New York · 2010

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