Legal Opinion
In re the Arbitration between Motor Vehicle Accident Indemnification Corp. & McTootle
New York Supreme Court
Decided January 2, 1963PublishedCited by 1 opinion
1Opinion of the CourtPaul J. Widlitz, J.
This motion to stay [vacate] a demand for arbitration presents the question of whether an insured person waives his right to compel arbitration of a claim against the Motor Vehicle Accident Indemnification Corporation *989[MVAIC] by instituting an action against an uninsured motorist without knowledge that the latter is not insured.
On October 16, 1961, the respondeint sustained personal injury when the vehicle he was driving was involved in a collision with a car owned and operated by one James Barnes. Claim letters sent to Barnes on behalf of the respondent by his attorneys led them to suspect…
2Cases cited5 opinions
- Newburger v. LubellNew York Court of Appeals · 1931
- Brown v. . Cleveland Trust Co.New York Court of Appeals · 1922
- Hill v. McKinleyAppellate Division of the Supreme Court of the State of New York · 1938
- Balbert v. BalbertNew York Supreme Court · 1947
- Miehle Printing Press & Manufacturing Co. v. Amtorg Trading Corp.Appellate Division of the Supreme Court of the State of New York · 1951
3Cited by1 opinion
- Prudential Oil Corp. v. Phillips Petroleum Co.District Court, S.D. New York · 1975