Auto One Insurance v. Forrester

In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of a claim for uninsured motorist benefits, the petitioner appeals from an order of the Supreme Court, Kings County (Kurtz, Ct. Atty. Ref.), dated September 17, 2009, which, inter alia, denied that branch of the petition which was to permanently stay arbitration.

Ordered that the order is affirmed, with costs.

While the initial burden of demonstrating a valid cancellation of an insurance policy is on the insurance company which disclaims coverage, once that insurance company makes a prima facie showing that it timely…