MATTER OF EAGLE INSURANCE COMPANY v. McPHERSON


271 A.D.2d 689 (2000)

707 N.Y.S.2d 864

In the Matter of EAGLE INSURANCE COMPANY, Appellant, v. EMMELIE McPHERSON, Respondent. UTICA MUTUAL INSURANCE COMPANY, Proposed Additional Respondent, et al., Proposed Additional Respondent.

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

Decided April 24, 2000.


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied the petition for a permanent stay of the uninsured motorist arbitration, as the petitioner failed to meet its initial burden of showing that the offending vehicle was insured on the date of the accident (see, Matter of Prudential Prop. & Cas. Ins. Co. v Campbell, 227 A.D.2d 628; Matter of Eagle Ins. Co. v Battershield...

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