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  5. 22 N.Y.2d 554 (1968)
 

MATTER OF KNICKERBOCKER INS. CO.

22 N.Y.2d 554 (1968)

In the Matter of the Arbitration between Knickerbocker Insurance Company, Appellant, and Patricia Faison et al., Respondents.

Court of Appeals of the State of New York.

Decided July 2, 1968.

Attorney(s) appearing for the Case

Arnold Davis for appellant.

Joseph J. Varon for respondents.

Sidney Gaines and W. Harvey Mayer for Motor Vehicle Accident Indemnification Corporation, amicus curiæ.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING and BREITEL concur.

JASEN, J.

On March 5, 1966 respondents were injured while passengers in an automobile owned and operated by petitioner's insured. In December, 1966 petitioner disclaimed liability because of its insured's failure to give notice of the accident and co-operate in its investigation. The validity of that disclaimer is not in issue here. Thereafter, respondents served a notice of claim and demand for arbitration on...

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