In re the Arbitration between McGuinness & Motor Vehicle Accident Indemnification Corp.

Joseph A, Brust, J.

Motion to stay arbitration. Claimant was injured while a passenger in a self-insured vehicle on October 23, 1959. The insurance company covering said vehicle disclaimed liability on October 26, 1961. Thereafter claimant filed a claim with respondent, and respondent rejected it on the ground that he was not an “ insured ” person ivithin the meaning of subdivision i of section 601 of the Insurance Law. A motion to compel arbitration was denied. Said motion was made within three years after the accident. In February, 1962 claimant instituted an action for a declaratory…