April 2016

Matter of Hertz Vehicles, LLC v. Monroe, 138 A.D.3d 847 (2d Dep’t 2016)

Thomas B. Hayn, representing an out-of-state automobile insurance carrier, prevailed in
opposition to a petition to stay uninsured motorist arbitration both at hearing and on
appeal. At a framed-issue hearing, the Supreme Court, over Mr. Hayn’s evidentiary
objection, ruled that the claimant met her burden of sufficiently identifying the alleged
offending vehicle, but upon shifting the burden nevertheless found in our insurance
carrier client’s favor, ruling that the Florida policy of insurance was validly cancelled
under applicable Florida law. On claimant’s appeal, Mr. Hayn successfully argued that
the Supreme Court erred in admitting the documentary evidence offered by the claimant
at the hearing and that absent such evidence claimant could not overcome her initial
burden of proof to identify the alleged offending vehicle. The Second Department
affirmed the hearing decision on this alternate ground.