In the Matter of Arbitration Between Jeanette Rosenbaum, as Executrix of Samuel Rosenbaum, Deceased, Appellant, and…

Summary

The Court held that the uninsured‑motorist endorsement did not obligate the insurer to arbitrate the preliminary question of whether the striking automobile was uninsured, and therefore the motion to compel arbitration was denied and the Special Term’s order directing a jury trial was reinstated. The Court reasoned that the endorsement limited arbitration to disputes over the insured’s entitlement to recover damages and the amount thereof, and that a clear agreement to arbitrate is required for each issue. Justice Dye dissented, arguing that the endorsement’s language covered all disagreements and that arbitration should proceed without a jury trial.