MATTER OF AM. SEC. INS. CO. v. CALARCO


85 A.D.2d 693 (1981)

In the Matter of American Security Insurance Company, Respondent, v. Anthony Calarco et al., Appellants, and Lumbermens Mutual Casualty Company, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 28, 1981


Judgment reversed, and a new hearing is granted, with costs to abide the event. Appeal from the order dismissed as academic. By order of Special Term (Leviss, J.), dated November 14, 1980, arbitration in this matter was stayed pending determination, after a hearing, of whether the accident involved a hit and run motorist.

At such a hearing the claimant has the burden of proof to establish that the loss sustained was caused by an uninsured vehicle; namely, that there...

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