Opinion · Nylaw New York

MATTER OF GORDON, 31 A.D.2d 793 [1st Dept 1969]

In the Matter of Arb. between GERTRUDE GORDON, Individually andas Nat. Guardian of STEPHEN GORDON, an Infant, Respondent, & MOTORVEHICLE ACCIDENT INDEMNIFICATION Corp., Appellant., 31 A.D.2d 793 (Appellate Division of the Supreme Court of New York, First Department. 1969)

Type
Opinion
Court
Nylaw New York
Jurisdiction
Nylaw
Date
1969-02-06
Topic
general

MATTER OF GORDON, 31 A.D.2d 793 [1st Dept 1969] In the Matter of the Arbitration between GERTRUDE GORDON, Individually andas Natural Guardian of STEPHEN GORDON, an Infant, Respondent, and MOTORVEHICLE ACCIDENT INDEMNIFICATION CORPORATION, Appellant.Appellate Division of the Supreme Court of New York, First Department. February 6, 1969 Order, entered June 24, 1968, granting a temporary stay of arbitration to MVAIC, unanimously reversed, on the law, without costs and disbursements, and MVAIC's motion for a permanent stay granted, without costs. The infant claimant was allegedly injured on May 22, 1966, when an automobile in which he was riding and which was being driven by Stern, collided with an automobile driven by Indelicato. The claimants (the infant and his mother) have alleged that they were "insured" persons under the uninsured indemnification indorsement in a policy of insurance issued to the mother on an automobile owned by her. Since the policy referred to was issued subsequent to July 1, 1965, claimants' relief as "insured" persons is against the insurer under said policy and not against MVAIC.

Citator

UpLaw has not yet analyzed MATTER OF GORDON, 31 A.D.2d 793 [1st Dept 1969]. The absence of a flag is not a finding that it is good law.

MATTER OF GORDON,31 A.D.2d 793[1st Dept 1969]
In the Matter of the Arbitration between GERTRUDE GORDON, Individually and
as Natural Guardian of STEPHEN GORDON, an Infant, Respondent, and MOTOR
VEHICLE ACCIDENT INDEMNIFICATION CORPORATION, Appellant.
Appellate Division of the Supreme Court of New York, First Department.
February 6, 1969
Order, entered June 24, 1968, granting a temporary stay of arbitration to MVAIC, unanimously reversed, on the law, without costs and disbursements, and MVAIC's motion for a permanent stay granted, without costs. The infant claimant was allegedly injured on May 22, 1966, when an automobile in which he was riding and which was being driven by Stern, collided with an automobile driven by Indelicato. The claimants (the infant and his mother) have alleged that they were "insured" persons under the uninsured indemnification indorsement in a policy of insurance issued to the mother on an automobile owned by her. Since the policy referred to was issued subsequent to July 1, 1965, claimants' relief as "insured" persons is against the insurer under said policy and not against MVAIC. (Insurance Law, § 167, subd. 2-a; § 605, subd. [a];Allstate Ins. Co.v.MVAIC,30 A.D.2d 803.) Furthermore, it appears that an arbitration proceeding was instituted by the claimants as "insured" persons under a liability policy covering the Stern vehicle. Finally,Page 794the claimants' alleged status as "qualified persons" is questionable (seeMatter of Knickerbocker Ins. Co.[Farson],22 N.Y.2d 554,559;Allstate Ins. Co.v.MVAIC, supra), and, in any event, they do not have an arbitrable claim against MVAIC.

Concur — Eager, J.P., Capozzoli, Markewich, Rabin and Macken, JJ.