Motor Vehicle Accident Indemnification Corp. v. Kreskowski

This motion to stay arbitration is based on an alleged failure of respondent to prove that the out-of-State motor vehicle with which she was involved in an accident was in fact uninsured at the time.

Petitioner does not suggest how a negative proposition such as this could be proved in a State such as Pennsylvania where *974this car was registered, which has no compulsory insurance law and keeps no record of insurance coverage. Also to be considered is the time limit of 90 days for filing notice of claim, which is hard and fast for a “ qualified ” claimant (Insurance Law, § 608) though not for an…