In re the Arbitration between Motor Vehicle Accident Indemnification Corp. & Turk

The petitioner, Motor Vehicle Accident Indemnification Corporation, moves to stay arbitration pursuant to a demand therefor by the insured, under the New York Automobile Accident Indemnification Endorsement. The insured was in collision with a motor vehicle claimed by the present insured to be an uninsured automobile, because the insurer disclaimed liability. Subdivision 2-a of section 167 of the Insurance Law which makes mandatory the provision in a motor vehicle liability policy for coverage in case of accident caused by an uninsured motor vehicle, includes in the definition of an uninsured…