It is well settled that in a proceeding in which an insurer is seeking a stay of uninsured motorist arbitration, the petitioning insurer “bears the initial burden of proving that the offending vehicle was in fact insured at the time of the accident.”[1]�
In other words, the petitioning insurer must establish a prima facie case of coverage for the adverse or offending vehicle. This article will offer guidance to the insurance practitioner as to the best methods available to prove a prima facie case of coverage. In addition, it will specifically advise the attorney as to the appropriate documentary evidence to include as exhibits when filing a petition to stay arbitration.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
