Nassau Insurance v. Ebin

This motion to stay arbitration of a claim made under a "no-fault” automobile insurance policy raises the principal issue of whether threshold questions relating to conditions precedent to recovery are to be decided by the court or the arbitrators.

Respondent Ramon Cardona is the insured person on a policy of automobile insurance issued by the petitioner. Respondents claim that on May 9, 1974 the insured vehicle was being operated by respondent Flores Cardona when it was struck by another car causing Mr. Cardona to be injured. It is further claimed that respondent Ebin is a physician who…