Superintendent of Insurance v. Lilley

Kupferman, J. P.,

dissents in a memorandum as follows: I would affirm for the reasons stated at Special Term by Justice Allen Murray Myers. I would add that inasmuch as what is involved is an uninsured motorist provision of an insurance policy issued by the defendant Resources Insurance Co., now in liquidation, to its own client, there is all the more reason why the insurance company should bear the burden of establishing the insurance coverage of the offending vehicle.