In re the Arbitration between Allstate Insurance & Winter

Petitioner’s motion for a stay of arbitration raises an important procedural question regarding venue on such applications involving the standard uninsured motorist provision.

Petitioner, the Allstate Insurance Company, commenced this special proceeding by order to show cause originally returnable August 30, 1973 and, after adjournment, the matter was submitted on September 19,1973. The order to show cause is dated August 16, 1973 and the affidavit of .service indicates that service was made by ordinary mail on that date. The only respondent that has appeared on this motion is the Hanover…