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

Mbmobaitoxjm : The order should be reversed and motion to stay arbitration granted, without costs. As to a similar automobile liability insurance policy endorsement we have held (Matter of Rosenbaum [American Sur. Co.], 11 N Y 2d 310) that before being required to go to arbitration on the questions of liability and damage the insurer (MVAIC here) has a right to a preliminary jury trial on the question of whether or not the alleged tort-feasor was or was not insured. From the present record it appears that the alleged tort-feasor had a *1029liability insurance policy issued by an out-of-State…