Matter of Central Mut. Fire Ins. v. Narine

Full title: In the MATTER OF NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY…

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

Date published: Dec 16, 1998

256 A.D.2d 468 (N.Y. App. Div. 1998)

683 N.Y.S.2d 427

Opinion

December 16, 1998

Appeal from the Supreme Court, Queens County (Kassoff, J.).

Ordered that the order is affirmed, with costs.

The petitioner met its initial burden of proving that the alleged offending vehicle was insured by the appellant, John Deere Insurance Company, at the time of the accident ( see, Matter of State Farm Mut. Auto. Ins. Co. v. Fenelon, 202 A.D.2d 436). Thus, the burden shifted to the appellant, as the party seeking to disclaim coverage, to prove that it did not insure the offending vehicle at the time of the accident ( see, Matter of State Farm Mut. Auto. Ins. Co. v. Fenelon, supra). We agree with the Supreme Court that the appellant failed to meet this burden.

Rosenblatt, J. P., O'Brien, Sullivan, Krausman and Florio, JJ., concur.