Drawn by insufficient material

Hi,

I've played a game that ended up in a drawn by insufficient material and my oponent stoped playing that game without claiming the draw, or making a "last" move.

[gid]http://www.chessatwork.com/core/playchess.php?gameid=8528457&cbqsid=20620[/gid]

The game has timed out already, but i feel its not right to claim a win.

Why doesnt the game engine notice when there are only 2 kings on the board and draw the game automatically?

What happens if I do clam the win?

tks for the help,

Xter

Game 8528457

If the site allows it, take the win. Can't happen OTB even if the flag has dropped. TD would adjudicate the position as drawn.

skeets