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Centennial Ins. Co. v. Casilla

Appellate Division of the Supreme Court of New York, First Department
Oct 24, 2002
298 A.D.2d 292 (N.Y. App. Div. 2002)

Opinion

2018N

October 24, 2002.

Order and judgment (one paper), Supreme Court, New York County (Thomas Flaherty, J.), entered June 22, 2001, which granted the petition of Centennial Insurance Company to permanently stay arbitration and adjudged that respondent American Home Assurance Company insured respondent Richard Faucett on the accident date, unanimously affirmed, without costs.

KEVIN S. LOCKE, for petitioner-respondent.

THOMAS G. DARMODY, for respondent-appellant.

Before: Andrias, J.P., Ellerin, Rubin, Friedman, Gonzalez, JJ.


Centennial's introduction into evidence of two Department of Motor Vehicle Registration Record Expansions indicating that American insured Faucett on the date of the accident was sufficient to establish its prima facie case (see Am. Tr. Ins. Co. v. Glaude, 208 A.D.2d 376). The testimony of American's underwriter, who did not search under reverse names for Faucett or the vehicle identification number or plate number of his vehicle, and did not introduce the records of her underlying searches into evidence, was insufficient to overcome petitioner's showing (compare New York Cent. Mut. Fire Ins. Co. v. Banks, 241 A.D.2d 368).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Centennial Ins. Co. v. Casilla

Appellate Division of the Supreme Court of New York, First Department
Oct 24, 2002
298 A.D.2d 292 (N.Y. App. Div. 2002)
Case details for

Centennial Ins. Co. v. Casilla

Case Details

Full title:CENTENNIAL INSURANCE COMPANY, PETITIONER-RESPONDENT, v. ANTHONY CASILLA…

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

Date published: Oct 24, 2002

Citations

298 A.D.2d 292 (N.Y. App. Div. 2002)
748 N.Y.S.2d 491