
    In the Matter of the Arbitration between Motor Vehicle Accident Indemnification Corporation, Petitioner, and Lester Turk, Respondent.
    Supreme Court, Special Term, New York County,
    February 15, 1961.
    
      
      John P. Connors for petitioner. Horowitz & Perlman for respondent.
   Samuel H. Hofstadter, J.

The petitioner, Motor Vehicle Accident Indemnification Corporation, moves to stay arbitration pursuant to a demand therefor by the insured, under the New York Automobile Accident Indemnification Endorsement. The insured was in collision with a motor vehicle claimed by the present insured to be an uninsured automobile, because the insurer disclaimed liability. Subdivision 2-a of section 167 of the Insurance Law which makes mandatory the provision in a motor vehicle liability policy for coverage in case of accident caused by an uninsured motor vehicle, includes in the definition of an uninsured motor vehicle 1 an insured motor vehicle where the insurer disclaims liability or denies coverage This is such a case and the insured has thus brought himself within the protection of the indorsement, which provides for arbitration of the dispute. The court, therefore, rejects the petitioner’s contention that, as a condition precedent to arbitration the insured must first obtain an adjudication in a court of competent jurisdiction of the right of the alleged insurer of the other motor vehicle to disclaim liability. Section 620 of the Insurance Law deals with a disclaimer where the injured person is a “ qualified person ’ ’ as defined in the law, which distinguishes between an insured and a qualified person. Here we are concerned with an insured. The petitioner’s asserted need for further time to investigate does not, in the circumstances shown, justify interposition by the court; it is within the discretion of the arbitrator.

The motion for a stay is denied and the cross motion to direct that the arbitration proceed is granted.  