In the Matter of the Arbitration Between Vanguard Insurance Company, and Chester Polchlopek

Summary

The New York Court of Appeals held that a vehicle whose insurer later disclaims coverage is an "uninsured automobile" under the policy’s Family Protection clause and that Vanguard’s rejection of the claim waived the written‑consent requirement, making arbitration proper. The Court reversed the Appellate Division and reinstated the Special Term’s order of arbitration. Chief Judge Desmond dissented, arguing the statute and policy language apply only to accidents occurring in New York.