In re the Arbitration Between Lion Insurance & Clutchker

In a proceeding to stay arbitration, petitioner appeals from an order of the Supreme Court, Queens County, entered March 1, 1977, which denied the application and dismissed the petition. Order reversed, on the law, without costs or disbursements, and petition granted. In a proceeding against an insurer under an uninsured motorist arbitration clause, where a threshold question *812of fact is raised as to whether the motorist is actually insured, it is settled law that such narrow issue of fact is to be adjudicated by the trial court, and not the arbitrator (see Matter of Rosenbaum [American Sur.…