State Wide Insurance v. Rowe

OPINION OF THE COURT

Andrew J. DiPaola, J.

This is a hearing upon an agreed statement of facts.

On November 4,1979 while driving her car in Brooklyn, respondent Grace Rowe was involved in an automobile accident with a vehicle owned and driven by one Johnnie Evans. Claiming that the Evans vehicle was uninsured at the time of the accident, Ms. Rowe sought arbitration against her insurance carrier, petitioner State Wide Insurance Company. State Wide then moved to stay arbitration on the grounds that the Evans vehicle was in fact insured at the time of the accident.

It is agreed that Johnnie Evans…