Dennis
Fidelity & Casualty Co. v. Dennis
Opinion
Opinion
Kingsley, J.
Respondent, a minor, was seriously injured by an automobile driven by Nicholas Frederick Stay, an uninsured motorist. Contending that he was covered by the uninsured motorist clause of an automobile insurance policy issued by appellant, he filed with the American Arbitration Association his demand for arbitration. Acting through its present counsel, appellant replied to this demand by a letter in which it denied that respondent was an insured under the policy in question and contended that that issue was not one which it had agreed to arbitrate under the arbitration provision of the policy. There followed an exchange of correspondence between appellant’s counsel and the association, in which the association advised appellant and respondent of the selection of an arbitrator, and counsel for both parties submitted arguments as to the matter of coverage, and of the arbitrability of that issue. On December 12, 1962, the association advised appellant’s counsel that “the Arbitrator . . . has informed the Association he rules that the question of liability of the Respondent [appellant here] to the Claimant is a proper subject for Arbitration, ’ ’ and asked counsel to agree on a date for…