FED. INS. CO. v. RAMIREZ


129 Misc.2d 31 (1985)

Federal Insurance Company, Petitioner, v. Nelson Ramirez et al., Respondents.

Supreme Court, Trial Term, Queens County.

July 9, 1985


Attorney(s) appearing for the Case

Bertram Herman for petitioner. Lesser & Schwartz (Sol Schwartz of counsel), for Sentry Insurance, respondent. Friedlander, Gaines, Cohen, Rosenthal & Rosenberg (Steven M. Berlin of counsel), for Automobile Insurance Plan of New York, respondent.


ARTHUR J. COOPERMAN, J.

The main issue presented by this case is whether the notation in a police report of insurance coverage for an offending vehicle in an automobile accident is sufficient in and of itself to shift the burden to the vehicle's alleged insurer to demonstrate that it did not insure at the time of the accident.

On October 30, 1983 claimant-respondent Nelson Ramirez was operating an automobile...

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