Interboro Mutual Indemnity Insurance v. Quichiz

—In a proceeding pursuant'to CPLR article 75 to permanently stay arbitration of an uninsured motorist claim, Luis Quichiz appeals from a judgment of the Supreme Court, Nassau County (McCarty, J.), dated May 22, 1996, which, upon renewal, granted the petition and stayed the arbitration.

Ordered that the judgment is affirmed, with costs.

An insurance carrier seeking to stay arbitration of an unin*422sured motorist claim has the burden of going forward to establish that the offending vehicle was insured at the time of the accident. Once the insurer establishes a prima facie case, the burden shifts to…