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

Respondent moves for an order staying arbitration. It argues that it cannot be compelled to arbitrate since the petitioner asserted the existence of insurance. It is clear from the documentary proof that petitioner has stated the existence of a policy of insurance, but that there was in fact no insurance coverage by reason of disclaimer of liability and coverage. The action arose while the infant was a passenger in a ear owned and operated by his father. Institution of the arbitration proceeding on behalf of the infant by his mother as his guardian ad litem has been authorized by an order of…