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IN THE MATTER OF NEW YORK CENTRAL MUTUAL v. CORIOLAN

5 A.D.3d 493 (2004)

772 N.Y.S.2d 827

In the Matter of NEW YORK CENTRAL MUTUAL, Appellant, v. JACQUES CORIOLAN, Respondent. SHERRIET T. HOLLAND et al., Proposed Additional Respondents.

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

March 8, 2004.

Ordered that the judgment is affirmed, with costs.

The petitioner's insured served a demand for arbitration of an uninsured motorist claim. The petitioner subsequently commenced this proceeding to stay arbitration and made a prima facie showing that the offending vehicle was insured by Pacific Employer's Insurance Company (hereinafter Pacific). However, the prima facie showing of coverage was rebutted by the testimony of Pacific's claims representative, as corroborated...

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