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.
