Ordered that the order is affirmed, with costs payable by the appellant to the petitioner.
In a proceeding to permanently stay arbitration of a claim for uninsured motorist benefits, the claimant's insurer has the initial burden of proving that the alleged 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 (see Matter of American Intl. Ins. Co. v Giovanielli,<...
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