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MATTER OF NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY v. NARINE

256 A.D.2d 468 (1998)

683 N.Y.S.2d 427

In the Matter of NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Respondent, v. BHAJANLAL NARINE, Respondent, AUTOTREND MOTOR, INC., Additional Respondent, and JOHN DEERE INSURANCE COMPANY, Additional Respondent-Appellant.

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

Decided December 16, 1998.

Ordered that the order is affirmed, with costs.

The petitioner met its initial burden of proving that the alleged offending vehicle was insured by the appellant, John Deere Insurance Company, at the time of the accident (see, Matter of State Farm Mut. Auto. Ins. Co. v Fenelon, 202 A.D.2d 436). Thus, the burden shifted to the appellant, as the party seeking to disclaim coverage, to prove that it did not insure the offending...

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