Review of Court Decisions - Dispute Resolution Journal - Vol. 23, No. 2
Originally from Dispute Resolution Journal
This review covers decisions in commercial, labor-management and accident claims cases, arranged under four headings: I. The Arbitration Clause and the Arbitrable Issue; II. The Enforcement of Arbitration Agreements; III. The Arbitrator and the Proceedings; and IV. The Award.
I. THE ARBITRATION CLAUSE AND THE ARBITRABLE ISSUE
UNINSURED MOTORIST COVERAGE — BURDEN OF PROOF — CONDITION PRECEDENT — NEW YORK
Arbitration was ordered on grounds that plaintiff had sustained burden of proof that tortfeasor was an uninsured motorist by producing an order of revocation of other driver's New York nonresident motor vehicle privileges because of failure to comply with security deposit requirements, and the communication from the Alabama Department of Public Safety acknowledging the receipt of the order and stating that action would be taken "against the driving privilege in Alabama . . ." Court had originally rejected unanswered letters to tortfeasor and to New York State Department of Motor Vehicles as well as letter from Alabama Department of Public Safety saying they had no information as inadequate proof of uninsured status of tortfeasor.
Bostic v. Amalgamated Mutual Cas. Co., New York Law Journal 4/22/68.