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MATTER OF ALLSTATE INS. CO. v. GUIDA

205 A.D.2d 532 (1994)

614 N.Y.S.2d 284

In the Matter of Allstate Insurance Company, Respondent, v. Vincent Guida, Respondent, and Continental Reinsurance Company, Appellant

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

June 6, 1994

Ordered that the order and judgment is affirmed, with costs.

The petitioner established a prima facie case that the vehicle allegedly responsible for the underlying accident was insured by the appellant. Since the appellant failed to rebut the petitioner's prima facie case with evidence to establish that the vehicle allegedly responsible for the underlying accident was uninsured (see, Matter of Foster [MVAIC], 55 Misc.2d 784

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