Loscalzo

This is an appeal from an order denying a petition to compel arbitration.

The petition of Salvadore Loscalzo and Bertha Loscalzo, filed in the court below, alleges in substance as follows: That petitioners entered into a contract of insurance with respondent Fedaral Mutual Insurance Co. which provided for uninsured motorists ’ coverage; that said contract contained a provision to settle by arbitration any controversy relating to liability or damages arising under the uninsured motorists’ coverage; that a controversy had arisen, but respondent maintained that there was no arbitrable controversy; that petitioners requested that arbitration proceed but that the appointed arbitrator in the American Arbitration Association refused to do so without a court order compelling arbitration.

The petition further alleges that the controversy arose as follows: On December 10, 1960, while driving and riding in their automobile, petitioners were involved in an accident and suffered injuries “due to the actions of an automobile driven by George Matsunaga, and of an automobile owned by Connie Guardiola, driven by Miguel Guardiola.” Since none of the last three persons were covered by automobile…