In Matarasso v. Continental Casualty Company 56 NY 2nd 264, the Court of Appeals found that the "rule barring judicial intrusion into the arbitral process operates only when an agreement to arbitrate exists" and went further to hold that mandatory arbitration could not "bind persons to the arbitral process where no agreement to arbitrate has ever been made"( Id., at 267). Such a proviso must be extended to the case at hand where the Petitioner claims that it is not subject to the jurisdiction of the arbitrator as it is not an insurer as defined by Insurance Law 5102(g).