In re the Arbitration Between Allstate Insurance & Smith

This is a motion for an order staying arbitration. The respondent herein was injured as the result of an accident which occurred on or about May 17, 1956. The accident involved two vehicles, one of which was operated by respondent and the other was owned by one David Smith and operated by Eleanor Johnson. At the time of the accident David Smith did not carry liability insurance but the operator did carry liability insurance.

Eleanor Johnson’s carrier disclaimed liability under her policy for failure to comply with the terms of the policy.

Respondent’s policy with Allstate contained a provision…