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MATTER OF AM. CAS. CO. v. FOSTER

31 Misc.2d 818 (1961)

In the Matter of the Arbitration between American Casualty Company, Petitioner, and Joseph Foster, Respondent.

Supreme Court, Special Term, New York County.

September 6, 1961

Attorney(s) appearing for the Case

William R. Ahmuty, Jr., for petitioner. Silver & Schoenblum for respondent.

SAUL S. STREIT, J.

Petitioner insurer seeks to stay arbitration on the ground that the matter set forth in the demand is an interpretation of coverage and is not arbitrable under the contract of automobile liability insurance.

Respondent insured was injured while riding in an allegedly uninsured automobile in Italy. The question involved herein is whether the condition of the policy excludes accidents...

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