In re the Arbitration between Empire Mutual Insurance & Stroud

Judgment, Supreme Court, New York County, entered September 7, 1973, inter alla, sustaining a disclaimer of liability by respondent Boston Old Colony Insurance Company (Old Colony), unanimously reversed, on the law and on the facts, the petition granted and arbitration stayed, and the disclaimer invalidated. Appellant shall recover $40 costs and disbursements of respondent Boston *932Old Colony Insurance Company. On May 31, 1970, respondent Stroud was a passenger in a vehicle which was struck in the rear by an automobile owned by Grace Chapman, operated by Elbert Johnson and insured by Old…