| Matter of State Farm Mut. Auto. Ins. Co. v Mazyck |
| 2008 NY Slip Op 01360 [48 AD3d 580] |
| February 13, 2008 |
| Appellate Division, Second Department |
| In the Matter of State Farm Mutual Automobile InsuranceCompany, Respondent, v Carla Mazyck et al., Respondents, and RLI InsuranceCompany, Appellant. |
—[*1] Martin, Fallon & Mullé, Huntington, N.Y. (Richard C. Mullé of counsel), forpetitioner-respondent.
In a proceeding pursuant to CPLR article 75 to stay arbitration of an uninsured motoristclaim, RLI Insurance Company appeals from a judgment of the Supreme Court, Queens County(Rios, J.), entered August 21, 2006, which, after a hearing, granted the petition.
Ordered that the judgment is affirmed, with costs.
The petitioner State Farm Mutual Automobile Insurance Company met its burden ofestablishing, prima facie, the existence of insurance coverage by RLI Insurance Company(hereinafter RLI) for the vehicle that was involved in the subject accident on May 25, 2002through the submission of a police accident report and RLI's response to a notice to admit. Theburden thus shifted to RLI to establish a lack of coverage or a timely and valid disclaimer ofcoverage (see Matter of Mercury Ins.Group v Ocana, 46 AD3d 561 [2007]; Matter of Eagle Ins. Co. v Rodriguez, 15 AD3d 399 [2005];Matter of Allstate Ins. Co. v Frederick, 266 AD2d 283 [1999]).
RLI failed to meet its heavy burden of establishing a valid disclaimer based on the assertedlack of cooperation of its insured, Sunrise Auto Enterprises, Inc. (see Preferred Mut. Ins. Co. v SAVCarpentry, Inc., 44 AD3d 921 [2007]; Allstate Ins. Co. v United Intl. Ins. Co., 16 AD3d 605 [2005]).[*2]RLI also failed to meet its burden of justifying the delay in itspurported service of a notice of disclaimer (see Delphi Restoration Corp. v Sunshine Restoration Corp., 43 AD3d851 [2007]). An unsatisfactory explanation renders delay in disclaiming coverageunreasonable as a matter of law (seeFirst Fin. Ins. Co. v Jetco Contr. Corp., 1 NY3d 64 [2003]; Tully Constr. Co., Inc. v TIG Ins. Co.,43 AD3d 1150 [2007]).
RLI's remaining contentions are without merit. Ritter, J.P., Miller, Dillon and Angiolillo, JJ.,concur.