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MATTER OF AMERICAN INTERNATIONAL INSURANCE COMPANY v. GIOVANIELLI

2008-09203

72 A.D.3d 948 (2010)

900 N.Y.S.2d 108

In the Matter of AMERICAN INTERNATIONAL INSURANCE COMPANY, Respondent, v. JOANNE GIOVANIELLI, Respondent, and LLOYD'S OF LONDON/TRANSPORTATION INSURERS, INC., Appellant, et al., Respondent.

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

Decided April 20, 2010.

Ordered that the order and judgment is affirmed, with costs.

"In a proceeding to stay arbitration of a claim for uninsured motorist benefits, the claimants' insurer has the initial burden of proving that the offending vehicle was insured at the time of the accident, and thereafter the burden is on the party opposing the stay to rebut that prima facie showing" (Matter of Lumbermens Mut. Cas. Co. v Quintero, 305 A.D.2d 684

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