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

Motor Vehicle Accident Indemnification Corporation (hereinafter referred to as MVAIC) moves to stay arbitration proceedings. Petitioner questions (1) the status of the respondent as an “insured”, (2) the validity of the disclaimer made by the insurance company covering the offending vehicle and (3) the power of this court in this proceeding to make a determination of such validity.

The court’s authority to determine and enforce respondent’s rights under the arbitration agreement is provided by statute (see Civ. Prac. Act, §§ 1450,1458), The issues presented on the present application are…