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- Title
MOTION TO COMPEL ARBITRATION UNDER MVAIC ENDORSEMENT WILL BE STAYED, WHERE INJURED PARTY, ALTHOUGH WITHIN NEW YORK STATE, IS ON FEDERAL MILITARY INSTALLATION.
- Abstract
This article focuses on the court ruling given in Beagle v. MVAIC case. Motion to compel arbitration under MVAIC under endorsement will be stayed, where injured party, although within New York, is on federal military installation. Here the petitioner, a U.S. airman, had his civil residence in New York and he was insured under a policy bearing the standard MVAIC endorsement. The court found that New York's jurisdiction in the land involved had been ceded, except for the right to serve process. The U.S. Congress has not ceded back to New York, a jurisdiction sufficient to enable it to enforce a complete compliance with the act creating MVAIC. It is therefore immaterial that by happenstance the petitioner here is an insured, were he in this state.
- Subjects
NEW York (State); LEGAL judgments; ACTIONS &; defenses (Law); LEGAL motions; ARBITRATION &; award; MILITARY bases
- Publication
Arbitration Journal, 1965, Vol 20, Issue 2, p123
- ISSN
0003-7893
- Publication type
Article