On reargument, the Court did the right thing. Answering Defendants argued that the insurance carrier in this declaratory judgment action bore the burden, in the first instance, to show that the requests were reasonable and that certain objective criteria were established. The Court found this persuasive. On reargument, I came armed with the Appellate Term, Second Department cases and the literal meaning of Unitin in order to convince the court that it errred.
Defendant argued that Appellate Term cases were meaningless and Unitrin was not dispositive. Probably not a smart move.
Anyway, here is a declaration from a Supreme Court that the insurance carrier does not have to prove reasonableness prima facie. Here is hoping AAA will follow what Supreme Court says.