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MATTER OF INTEGON NATIONAL INSURANCE COMPANY v. MONTAGNA

2008-10402

69 A.D.3d 626 (2010)

893 N.Y.S.2d 145

2010 NY Slip Op 149

In the Matter of INTEGON NATIONAL INSURANCE COMPANY, Respondent, v. MICHAEL MONTAGNA et al., Respondents, NATIONAL LIABILITY AND FIRE INSURANCE COMPANY et al., Respondents, and LIBERTY MUTUAL INSURANCE COMPANY et al., Appellants.

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

Decided January 5, 2010.

Ordered that the order is affirmed, with one bill of costs to the petitioner-respondent, payable by the respondents-appellants.

After the petitioner, Integon National Insurance Company (hereinafter Integon) established, prima facie, that the respondents Liberty Mutual Insurance Company (hereinafter Liberty) and Diamond State Insurance Company (hereinafter Diamond) insured the vehicle that was involved in the subject accident, the burden shifted to Liberty and Diamond...

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