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

This application by MVAIC to vacate a demand for arbitration served by the respondent, Edgar Walter, will be treated as a motion for a stay under section 1458 of the Civil Practice Act which uses the latter term, although if the stay is permanent it may have the effect of a vacatur.

It is asserted that Walter, although he was himself the possessor of a liability insurance policy at the time of the accident on October 20,1959, is not an “ insured person ” under section 601 of the Insurance Law but a ‘ ‘ qualified person ” because his policy contained no uninsured motor vehicle indorsement and…