MATTER OF GOVERNMENT EMPLOYEES INSURANCE COMPANY v. O'NEIL

2009-07721, (Index No. 24897/08).

74 A.D.3d 1068 (2010)

902 N.Y.S.2d 382

In the Matter of GOVERNMENT EMPLOYEES INSURANCE COMPANY, Respondent, v. GORDON O'NEIL et al., Respondents, and AIU INSURANCE COMPANY, Appellant.

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

Decided June 15, 2010.


Ordered that the order is affirmed, with costs.

The appellant AIU Insurance Company (hereinafter AIU) does not dispute that in seeking to stay arbitration under a supplemental uninsured/underinsured motorist endorsement, the claimant's insurer, Government Employees Insurance Company (hereinafter GEICO), met its prima facie burden of showing that the offending vehicle was insured by AIU on the date of the accident by submitting a New Jersey Department of Motor Vehicles...

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