In re Matarasso v. Continental Casualty Co

In In re Matarasso v. Continental Casualty Co., 56 NY2d 264, 436 N.E.2d 1305, 451 N.Y.S.2d 703 (1982), the Court found that "the umbrella policy itself contains no provision for arbitration of disputes" and that "the underlying automobile liability policy did not extend to the provisions for uninsured motorist coverage (and arbitration of claims arising thereunder), as the umbrella policy covers only liability of the insureds for damages owing third parties." 56 NY2d at 268. The Court indicated that it could "not impute to the Legislature an intent to bind persons to the arbitral process by their mere inaction for 20 days where no agreement to arbitrate has ever been made." Id. at 267. It also articulated explicit limitations on its holding (at p. 266): We hold today that such a motion to stay arbitration may be entertained when as here, its basis is that the parties never agreed to arbitrate, as distinct from situations in which there is an arbitration agreement which is nevertheless claimed to be invalid or unenforceable because its conditions have not been complied with.