In Matter of O'Brien (Aetna Cas. & Sur. Co.) (33 AD2d 1085 [3d Dept 1970]), an identified and insured motorist "struck two boys lying on the pavement, or their prone bodies . . . and an investigating officer reported that 'there [wa]s a strong possibility that the bodies were run over before and/or after by another vehicle or vehicles.' " (Id. at 1085, 307 NYS2d 689.) However, the medical examiner found that the death was caused by a single impact. The O'Brien Court was asked to decide whether arbitration of the uninsured motorist endorsement in the policy issued to the decedent's mother was barred under these facts. The Court held that "the mere fact that the identified vehicle, admittedly insured, was involved did not create an issue of fact barring arbitration as the statute clearly contemplates an independent recovery, within the prescribed monetary limitations, on account of the negligent operation of the unidentified automobile, even though there is also an identified and insured tort-feasor." (Id.)