In re the Arbitration between Aetna Casualty & Surety Co. & Holler

Order unanimously reversed, without costs, petition reinstated and matter remitted to Monroe Supreme Court for further proceedings in accordance with the following memorandum: This is an appeal from an order dismissing a petition seeking a permanent stay of arbitration. Respondent requested arbitration under the provisions of an uninsured motorist indorsement of an insurance policy issued by petitioner. The trial court erred in holding that it was not necessary to determine as a condition precedent to arbitration whether there was physical contact between the uninsured "hit and run” vehicle…