(DOWNLOAD) "Matter Eagle Insurance Company v. Seymour Olephant" by Supreme Court of New York " eBook PDF Kindle ePub Free
eBook details
- Title: Matter Eagle Insurance Company v. Seymour Olephant
- Author : Supreme Court of New York
- Release Date : January 18, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
In a proceeding to stay the arbitration of an uninsured motorist claim, the petitioner, insurer of the vehicle operated by respondent Olephant, appeals from a judgment of the Supreme Court, Nassau County, entered October 1, 1980, which denied its application and directed the parties to proceed to arbitration at the earliest date. Judgment reversed, on the law, without costs or disbursements, and proceeding remitted to Special Term for a hearing and new determination in accordance herewith. The registration application form kept at the Department of Motor Vehicles revealed that the offending vehicle had been registered with an insurance certificate bearing Code No. 328, the number assigned to State Farm Insurance Company. In addition to being evidence sufficient to raise a triable issue of fact, the registration application is sufficient to place a burden on State Farm Insurance Company to come forward with some proof that it either did not insure the owner of the vehicle in question or that it had followed the requisite procedure for cancellation (see Nassau Ins. Co. v Minor, 72 A.D.2d 576; Matter of Safeco Ins. Co. [Testagrossa], 67 A.D.2d 979). The police report, in which the officer had recorded the number assigned to [81 A.D.2d 886 Page 887]