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

Order and judgment (one paper) herein appealed from, unanimously reversed, on the law and the facts, with $30 costs and disbursements to appellant, and the motion to stay arbitration is granted. The evidence is insufficient to establish a valid disclaimer by Knickerbocker Insurance Company (Knickerbocker). Claimant, a passenger in an insured vehicle, was injured on April 11,1965, when that vehicle was struck by another vehicle, a hit-and-run ear. However, the driver of claimant’s car obtained the license number of the offending vehicle which was later ascertained to have been insured by…