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eBook details

• Title: Eager and Steuer
• Author : Supreme Court of New York
• Release Date : January 19, 1965
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 51 KB

Description

Order, entered on February 18, 1965, denying appellant MVAIC's motion for a stay of arbitration, unanimously affirmed, with $30 costs and disbursements to claimant-respondent.Respondent is a New York City policeman who sustained personal injuries in a collision between the police automobile he was operating and a stolen automobile that he was attempting to apprehend. After receipt of a notice of intention to make claim against MVAIC and a demand for arbitration, MVAIC moved for a stay of arbitration pending a preliminary determination whether claimant was the victim of an accident within the meaning of article 17-A of the Insurance Law (see Garcia v. MVAIC, 18 A.D.2d 62). By its petition and annexed exhibits, MVAIC purported to tender the issue whether the injuries sustained by the claimant policeman were the consequences of an intentional vehicular assault rather than an accident. If an assault was involved, MVAIC cannot be held liable to the respondent policeman under its uninsured motorist endorsement (see Garcia v. MVAIC, supra, p. 64; McCarthy v. MVAIC, 16 A.D.2d 35, affd. 12 N.Y.2d 922; Matter of MVAIC [ Brinson ] , 18 A.D.2d 809). The notice of claim served on MVAIC states only that while claimant was trying to apprehend the stolen automobile it, at excessive speed, ran into claimant's vehicle. Special Term, in denying MVAIC's motion, treated the question of whether the

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