Review of Court Decisions - Dispute Resolution Journal - Vol. 24, No. 1
Originally from Dispute Resolution Journal
Beginning with this issue of The Arbitration Journal, we are discontinuing the practice of grouping court decisions on arbitration into four separate categories (The Arbitration Clause and the Arbitrable Issue; The Enforcement of Arbitration Agreements; The Arbitrator and the Proceedings; and The Award). The reason for the change is that a particular substantive issue is often found in more than one category. For instance, whether an arbitrator had the authority to rule as he did might be discussed in a case brought to court during an arbitration proceeding, or in a case challenging the validity of the award after proceedings were completed. Listing cases in only one category has sometimes created difficulties for the researcher. To improve the service, we will try to express the essence of the decision in more complete headings, and we will publish a full classification guide and index at the end of the year.
INSOLVENCY — UNINSURED MOTORIST CLAIM — NEW YORK
Where tortfeasor's insurer was found to be insolvent prior to and at the time of the accident, claimant was eligible to arbitrate her claim under subdivision 2-a of Section 167 of the Insurance Law, the New York uninsured motorist law. Court found that the automobile causing the accident was an out of state vehicle registered in Pennsylvania and insured by a company which had been suspended by the Pennsylvania Insurance Commissioner. It had then been ordered liquidated. In reaching its decision, the court stated that "the failure to defend and indemnify its insured is the governing factor in determining that the insured is 'uninsured' within the declared purpose of the statute... The court must consider the express and apparent intent of the legislation, that the statute was novel in its scope, and that its purposes were social and economic."
Travis v. General Accident Group, 31 App. Div. 2d 20 (3rd Dept. 1968).