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LUMBERMENS MUTUAL CASUALTY COMPANY v. NESPOLINI

281 A.D.2d 365 (2001)

722 N.Y.S.2d 166

LUMBERMENS MUTUAL CASUALTY COMPANY, Appellant, v. NICHOLAS NESPOLINI, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided March 29, 2001.

It is well settled that, should the question be raised, the court, and not an arbitrator, must resolve the issue of whether there was actual contact with a hit-and-run vehicle (Matter of Nationwide Ins. Co. v McDonnell, 272 A.D.2d 547; Matter of Universal Underwriters Group [Zeitlin], 157 A.D.2d 544; Matter of Empire Mut. Ins. Co. [Zelin], 120 A.D.2d 365

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