From Casetext: Smarter Legal Research

Matter of State Farm Mut. Auto. v. Kanter

Appellate Division of the Supreme Court of New York, Second Department
Jul 17, 1995
217 A.D.2d 633 (N.Y. App. Div. 1995)

Opinion

July 17, 1995

Appeal from the Supreme Court, Nassau County (Trainor, R.).


Ordered that the judgment is affirmed, with costs.

The Referee properly determined that Liberty Mutual Insurance Company (hereinafter Liberty Mutual) had insured the motor vehicle that had struck Lori Kanter's motor vehicle. At the hearing, the petitioner, State Farm Mutual Automobile Insurance Company, met its burden of proving that the offending vehicle was insured by Liberty Mutual by producing a certified copy of the vehicle's registration record which indicates that it was insured by Liberty Mutual as of April 30, 1986 (see, Matter of State Farm Mut. Auto. Ins. Co. v. Fenelon, 202 A.D.2d 436; Matter of Eagle Ins. Co. v. Tichman, 185 A.D.2d 884; Matter of Insurance Co. v. Castillo, 158 A.D.2d 691).

The burden of proof then shifted to Liberty Mutual, as the party seeking to disclaim coverage, to demonstrate that it had cancelled the offending vehicle's insurance policy prior to the accident in question (see, Matter of Allstate Ins. Co. v Ramirez, 208 A.D.2d 828; Matter of Worldwide Underwriters Ins. Co. v. Lumbermens Mut. Cas. Co., 181 A.D.2d 784; Matter of Liberty Mut. Ins. Co. v. Horowitz, 121 A.D.2d 634). Liberty Mutual failed to produce any evidence indicating that it had filed a notice of cancellation with the Commissioner of Motor Vehicles (see, Vehicle and Traffic Law § 313, [3]; Matter of Eveready Ins. Co. v. Wilson, 180 A.D.2d 796; Matter of Prudential Prop. Cas. Ins. Co., 120 A.D.2d 736; see also, Matter of Government Empls. Ins. Co. v. Barthold, 194 A.D.2d 724). Therefore, the Referee properly granted the petition permanently staying arbitration of Kanter's uninsured motorist claim. Miller, J.P., Altman, Goldstein and Florio, JJ., concur.


Summaries of

Matter of State Farm Mut. Auto. v. Kanter

Appellate Division of the Supreme Court of New York, Second Department
Jul 17, 1995
217 A.D.2d 633 (N.Y. App. Div. 1995)
Case details for

Matter of State Farm Mut. Auto. v. Kanter

Case Details

Full title:In the Matter of STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 17, 1995

Citations

217 A.D.2d 633 (N.Y. App. Div. 1995)
629 N.Y.S.2d 786

Citing Cases

Matter of St. Fm. Mutual Auto. In. v. Roman

Ordered that the order is affirmed, with costs. It is well settled that in a proceeding to stay arbitration…

Matter of Material Damage Adj. v. Tabares

Both Material Damage and American Home moved to renew, submitting new evidence tending to show that the…