Opinion
January 29, 1996
Appeal from the Supreme Court, Kings County (Hurowitz, J.).
Ordered that the order is reversed, on the law, with costs, and the defendant's motion is denied.
The plaintiff had the initial burden of showing that the defendant is a co-insurer. The plaintiff met this burden by submitting a New York State Department of Motor Vehicles Registration Plate Record (form DP-37) and a police accident report, both of which indicate that the defendant insured the automobile in question ( see, Matter of State Farm Mut. Auto. Ins. Co. v Fenelon, 202 A.D.2d 436; Matter of Eagle Ins. Co. v Tichman, 185 A.D.2d 884; Matter of Insurance Co. v Castillo, 158 A.D.2d 691; Matter of Wausau Ins. Co. v Ramos, 151 A.D.2d 487).
Once the plaintiff presented a prima facie case, the burden shifted to the defendant to prove that it did not insure the automobile at the time of the accident (see, Matter of Nationwide Ins. Co. [Dye — Metropolitan Prop. Liab. Ins. Co.], 170 A.D.2d 683). The affidavit of the defendant's underwriter, who searched the defendant's records, is insufficient to establish as a matter of law that the defendant did not insure the automobile at the time of the accident ( cf., Matter of Allstate Ins. Co. [Holmes — Atlantic Mut. Ins. Co.], 173 A.D.2d 260; Matter of Nationwide Ins. Co. [Dye — Metropolitan Prop. Liab. Ins. Co.], supra). Since there is a question of fact, summary judgment should have been denied. Mangano, P.J., Thompson, Friedmann and Florio, JJ., concur.