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IN THE MATTER OF HANOVER INS. CO. v. LEWIS

57 A.D.3d 221 (2008)

869 N.Y.S.2d 640

In the Matter of THE HANOVER INSURANCE COMPANY, Respondent, v. ROBERT LEWIS, Appellant.

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

December 2, 2008.

Physical contact is a condition precedent to the arbitration of this uninsured motorist claim, and whether or not there was physical contact between the insured vehicle and an alleged "hit and run" vehicle is an issue of fact to be decided by the court (see Matter of Empire Mut. Ins. Co. [Zelin], 120 A.D.2d 365 [1986]; see also Lumbermens Mut. Cas. Co. v Nespolini,

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