In the Matter of the Arbitration between Frederick F. Smith, and Great American Insurance Company

Summary

The New York Court of Appeals reversed the Appellate Division and stayed arbitration, holding that the statute requires physical contact in the form of a collision by the unidentified vehicle, and ice dislodged from a truck does not satisfy that requirement. Justice Bergan dissented, arguing that the majority’s interpretation expands the statute beyond its plain meaning, while Chief Judge Fuld concurred, emphasizing the lack of a hit‑and‑run vehicle.