In re the Arbitration between Merchants Mutual Insurance & Schmid

William R. Brennan, Jr., J.

After a hearing, petitioner’s motion for a stay of arbitration is in all respects denied.

On December 20, 1965 claimant was a passenger in a vehicle owned by one Silkworth which was insured by petitioner (the policy containing the standard New York uninsured driver indorsement) when said vehicle was struck in the rear by an automobile owned by one John Miller and operated by one Walter Jaeger.

Petitioner claims that it never received timely notice of claim under the uninsured driver indorsement, and that, in any event, the claimant has not proven that the Miller…