Fireman's Insurance Company of Newark, New Jersey v. Raymond Dufresne

OPINION OF THE COURT

GIBBONS, Circuit Judge.

Fireman’s Insurance Company of Newark, New Jersey (Fireman’s) appeals from the grant of summary judgment in favor of Raymond DuFresne, requiring Fireman’s to submit to arbitration DuFresne’s claim for uninsured motorist coverage. Since the undisputed affidavits on file establish that the accident on which DuFresne’s claim is based did not involve an uninsured motorist, we reverse and direct that summary judgment be entered in Fireman’s favor.

I

On June 21, 1977, DuFresne was injured in an accident occurring in Delaware, when the automobile he was…