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COUNTRY WIDE INS. CO. v. ALLSTATE INS. CO.

223 A.D.2d 664 (1996)

637 N.Y.S.2d 218

Country Wide Insurance Company, Appellant, v. Allstate Insurance Company, Respondent

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

January 29, 1996

Ordered that the order is reversed, on the law, with costs, and the defendant's motion is denied.

The plaintiff had the initial burden of showing that the defendant is a co-insurer. The plaintiff met this burden by submitting a New York State Department of Motor Vehicles Registration Plate Record (form DP-37) and a police accident report, both of which indicate that the defendant insured the automobile in question (see, Matter of State Farm Mut. Auto. Ins...

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