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MATTER OF CGU INS. CO. v. GREATHEART

301 A.D.2d 649 (2003)

753 N.Y.S.2d 883

In the Matter of CGU INS. CO., Respondent, v. LAMONT GREATHEART et al., Respondents, and AMERICAN AGENTS INSURANCE COMPANY, Appellant.

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

Decided January 27, 2003.

Ordered that the order is affirmed, with costs.

The petitioner made a prima facie showing that the offending vehicle was insured at the time of the accident. The burden thus shifted to the appellant to prove that the vehicle was not insured (see Matter of Globe Indem. v Lawrence, 210 A.D.2d 334; cf. Matter of State Farm Mut. Auto. Ins. Co. v Yeglinski, 79 A.D.2d 1029). The appellant...

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