Horowitz v. State Farm Mutual Automobile Insurance

—In a proceeding to compel arbitration of an uninsured motorist claim, the petitioner appeals from a judgment of the Supreme Court, Queens County (Kassoff, J.), dated December 3, 1996, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

The petitioner was a passenger in a vehicle that was involved in a motor vehicle accident. At the time of the accident, the respondent had issued an automobile insurance policy to the petitioner’s brother. We agree with the Supreme Court that the petitioner does not come within the definition of an “insured”…