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MATTER OF STATE FARM MUT. AUTO. INS. CO. v. FENELON

202 A.D.2d 436 (1994)

608 N.Y.S.2d 709

In the Matter of State Farm Mutual Automobile Insurance Company, Respondent, v. Marie J. Fenelon et al., Respondents, and Colonial Penn Insurance Company, Appellant In the Matter of Jean M. Personna, Respondent, v. State Farm Mutual Automobile Insurance Company, Respondent, and Colonial Penn Insurance Company, Appellant

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

March 7, 1994

Ordered that the judgment is affirmed, with costs to State Farm Mutual Automobile Insurance Company.

As the party seeking to stay arbitration in these proceedings, State Farm Mutual Automobile Insurance Company (hereinafter State Farm) bore the initial burden of proving at the framed issue hearing that the alleged offending vehicle was insured (see, Matter of Aetna Cas. & Sur. Co. v McMichael, 176 A.D.2d 315; ...

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