December 22, 2003
Matter of State Farm Mut. Auto. Ins. Co. v Travelers Ins. Co. (2003 NY Slip Op 51693(U))
https://www.beynensonlaw.com/case-law/matter-of-state-farm-mut-auto-ins-co-v-travelers-ins-co-2003-ny-slip-op-51693u/
- Decided
- December 22, 2003
- Citation
- 2003 NY Slip Op 51693(U)
- Posture
- Article 75 petition
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Summary
Editorial summary by Beynenson Law, not part of the court’s decision.
Reported in New York Official Reports at Matter of State Farm Mut. Auto. Ins. Co. v Travelers Ins. Co. (2003 NY Slip Op 51693(U))
| State Farm Mut. Auto. Ins. Co., Matter of, v Travelers Ins. Co. |
| 2003 NY Slip Op 51693(U) |
| Decided on December 22, 2003 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. |
| This opinion is uncorrected and will not be published in the Official Reports. |
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
PRESENT:PESCE, P.J., ARONIN and PATTERSON, JJ.
NO. 2003-475 Q C
against
TRAVELERS INSURANCE COMPANY, Respondent.
Appeal by State Farm Mutual Automobile Insurance Company from an order of the Civil Court, Queens County (Agate, J.), entered January 31, 2003, denying its petition to vacate the arbitrator’s awards.
Order unanimously affirmed without costs.
Upon a review of the record, we find that, with regard to the compulsory arbitration of its no-fault claim, State Farm Mutual Automobile Insurance Company (State Farm) has failed to establish that the arbitrator’s award was not based on the evidence and was arbitrary and capricious (see Matter of Motor Vehicle Acc. Indem. Corp. v Aetna Cas. & Sur. Co., 89 NY2d 214 [19961). In regard to its uninsured motorist claim, State Farm also has not established that the arbitrator “exceeded his power or so imperfectly executed it that a final and definite award upon the subject matter submitted was not made” (CPLR 7511 [b] [1] [iii]). Consequently, State Farm’s petition to vacate the awards was properly denied. Furthermore, inasmuch as Travelers Insurance Company has not cross-appealed with respect to its cross petition to confirm the awards, this court will not address said issue on appeal.
SM-2
Decision Date: December 22, 2003
Similar decisions
- State Farm Mut. Auto. Ins. Co. v New York City Tr. Auth. (2009 NY Slip Op 50806(U))An arbitration award must be confirmed under CPLR 7511 (e) when the court denies a petition to vacate it.
- Matter of State Farm Mut. Auto. Ins. Co. v Mutual Serv. Cas. Ins. Co. (2004 NY Slip Op 51293(U))The petitioning insurer's reimbursement demand was timely because it was made within three years of its first no-fault payment.
- Matter of American Tr. Ins. Co. v Nationwide Mut. Ins. Co. (2008 NY Slip Op 50295(U))An insurer may raise grounds for vacatur in opposition to confirmation even after CPLR 7511's 90-day period has expired.
- Matter of State Farm Mut. Auto. Ins. Co. v Motor Veh. Acc. Indem. Corp. (2006 NY Slip Op 00548)The petitioning insurer failed to establish grounds to vacate an arbitration award entered after proper notice and its nonparticipation.
- AIU Ins. Co. v State Farm Ins. Co. (2010 NY Slip Op 51064(U))The compulsory intercompany arbitration awards were supported by the evidence and were not arbitrary and capricious.