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In re the Arbitration between ITT Hartford Insurance & Churchward
Citations: 249 A.D.2d 86; 671 N.Y.S.2d 240; 1998 N.Y. App. Div. LEXIS 4026
Court: Appellate Division of the Supreme Court of the State of New York; April 14, 1998; New York; State Appellate Court
The Supreme Court of New York County affirmed the denial of the petitioner’s motion to stay arbitration regarding the respondent’s uninsured motorist claim. The court found that the requirements for arbitration were met, noting that the respondent had suffered severe injuries and significant memory loss immediately after the accident. When the respondent's memory returned approximately five months later, he submitted a sworn statement along with medical records and a police report. These documents collectively demonstrated that the respondent's injuries were a result of "physical contact" with a hit-and-run vehicle, despite the police report not explicitly stating this due to the respondent's documented condition post-accident. The court concluded that the evidence provided was sufficient to proceed with arbitration. The decision was unanimous, with costs awarded.