In re the Arbitration between State Farm Mutual Automobile Insurance & Smith

OPINION OF THE COURT

Sidney Leviss, J.

This is an application by petitioner State Farm Mutual Automobile Insurance Company, to stay arbitration of a claim made by respondent Mary Smith, under the uninsured motorist indorsement of an automobile liability insurance policy issued by the petitioner to the claimant. Petitioner contends that (1) there was no physical contact between the offending motor vehicle and the person of the respondent-claimant, as required under Insurance Law § 5217; and (2) that the alleged uninsured motor vehicle was insured with the respondent Allstate Insurance Company at…