In re the Arbitration between Chiro & Merchants Mutual Insurance

Order unanimously reversed, and motion for stay granted, without costs. Memorandum: In a proceeding to stay arbitration in a claim for personal injuries asserted under the accident indemnification provisions contained in an automobile liability policy of insurance issued by appellant carrier to claimants-respondents, the carrier appeals from an order of Supreme Court, Erie County which (1) denied its application to stay arbitration; (2) determined as a matter of law that claimants’ claim was timely filed; and (3) directed arbitration to proceed. The claim herein is based upon an accident…