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Matter of Prudential Prop. Cas. v. Campbell

Appellate Division of the Supreme Court of New York, Second Department
May 28, 1996
227 A.D.2d 628 (N.Y. App. Div. 1996)

Opinion

May 28, 1996

Appeal from the Supreme Court, Nassau County (Adams, J.).


Ordered that the order is affirmed, with costs.

In support of its application for a permanent stay of the uninsured motorist arbitration, the petitioner submitted a document which indicated that the insurance coverage, which had been issued to the owner and driver of the offending vehicle by Eagle Insurance Company had, in fact, been terminated approximately four weeks before the accident on February 27, 1994. Under these circumstances, we agree with the Supreme Court that the petitioner was not entitled to a stay of arbitration as the petitioner failed to meet its initial burden of showing that the offending vehicle was, in fact, insured on the date of the accident ( see, Matter of Eagle Ins. Co. v. Battershield, 225 A.D.2d 545; Matter of State-Wide Ins. Co. v. Morales, 204 A.D.2d 336; Matter of Insurance Co. v. Castillo, 158 A.D.2d 691). Ritter, J.P., Thompson, Hart and McGinity, JJ., concur.


Summaries of

Matter of Prudential Prop. Cas. v. Campbell

Appellate Division of the Supreme Court of New York, Second Department
May 28, 1996
227 A.D.2d 628 (N.Y. App. Div. 1996)
Case details for

Matter of Prudential Prop. Cas. v. Campbell

Case Details

Full title:In the Matter of PRUDENTIAL PROPERTY AND CASUALTY INSURANCE COMPANY…

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

Date published: May 28, 1996

Citations

227 A.D.2d 628 (N.Y. App. Div. 1996)
643 N.Y.S.2d 197

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