In re the Arbitration between Lumbermens Mutual Casualty Co. & Berkovic

OPINION OF THE COURT

Kupferman, J. P.

Respondent Berkovic was involved in an automobile accident with a livery vehicle owned by Tenee Car Service, Inc. (Tenee), on May 15, 1977. Pursuant to the uninsured motorist indorsement of his policy, Berkovic demanded arbitration with his insurer, petitioner-appellant, Lumbermens Mutual Casualty Company (Lumbermens), claiming that the vehicle owned by Tenee was uninsured at the time of the accident. Lumbermens then commenced this proceeding to stay the arbitration contending, inter alia, that the vehicle was insured by North River Insurance Company (North…