MATTER OF BROWN (MVAIC)


48 Misc.2d 170 (1965)

In the Matter of the Arbitration between King S. Brown, Petitioner, and Motor Vehicle Accident Indemnification Corporation, Respondent.

Supreme Court, Erie County.

November 16, 1965


Attorney(s) appearing for the Case

Brock, Brock, Chirlin & Zisser (Joseph H. Chirlin of counsel), for petitioner. Miles, Cochrane, Grosse, Rossetti & Lord (Raymond T. Miles of counsel), for respondent.


FRANK J. KRONENBERG, J.

Respondent moves this court for a permanent injunction against the arbitration of the above-entitled matter on the basis that the petitioner is in violation of Condition 4 of the Motor Vehicle Accident Indemnification endorsement which states: "If before MVAIC makes payment of loss hereunder, the insured or his legal representative shall institute any legal action for bodily injury * * * a copy of the summons and complaint or other...

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