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

In an arbitration proceeding the respondent Motor Vehicle Accident Indemnification Corporation, hereinafter referred to as MVAIC, moves to stay arbitration on two grounds: (1) that no physical contact occurred with the alleged hit-and-run vehicle; and (2) the petitioner failed, when reporting the incident to the police, to designate the occurrence as a hit-and-run accident, a condition purportedly required by the provisions of the insurance policy. Petitioner, the injured claimant, cross-moves to compel arbitration.

In support of its asserted position MVAIC notes (1) the absence from the…