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

Motor Vehicle Accident Indemnification Corporation, hereinafter referred to as MVAIC, moves for a stay of arbitration heretofore demanded by an insured per*53son under a Mew York Automobile Accident Indemnification Endorsement, hereinafter called the Endorsement. In the alternative, petitioner requests that this application be set down for hearing to determine whether respondent has complied with certain conditions precedent to exercising the right to arbitration.

Specifically, petitioner contends that the injured claimant has failed to show (1) that his injuries arose out of physical…