When does a court vacate, modify or confirm a no-fault arbitrator’s or master arbitrator’s award under CPLR article 75?

Short answer: Settled statewide by the Court of Appeals. The standard comes from the Court of Appeals: in compulsory no-fault arbitration the award must have evidentiary support and a rational basis and not be arbitrary and capricious (Petrofsky 1981; MVAIC v Aetna 1996), the master arbitrator may correct errors of law but courts review a master arbitrator's legal ruling only for irrationality (Smith 1982), an award beyond the policy limits exceeds the arbitrator's power and the point is not waived (Brijmohan 1998), and an arbitrator's legal error alone is not a ground (Falzone 2010, a SUM award, in the database). All four departments apply it; decisions differ only in applying it. The First Department vacates more readily where the award 'irrationally ignored' controlling First Department law presented to the arbitrator (Global Liberty v Professional Chiropractic 2016 and its IME no-show line, Therapeutic PT 2017) and has vacated an award as 'incorrect as a matter of law' (McMahon 2019, CPT Assistant), while the Second Department stresses that 'mere errors of law are insufficient' (Acuhealth 2019, Big Apple 2025) yet also vacates irrational legal rulings (Advanced Orthopaedics 2022). That is a difference of emphasis, not a conflicting rule; the attorney may prefer to show it.

Scope. Deciding this question means ruling, in a CPLR article 75 proceeding (petition, cross-petition or motion to vacate, modify or confirm) on an award made in a first-party no-fault arbitration under Insurance Law § 5106 (b) (AAA arbitrator) or by a no-fault master arbitrator under 11 NYCRR 65-4.10, on whether the award stands. Because this arbitration is compulsory, courts ask whether the award had evidentiary support, a rational basis and was not arbitrary and capricious (Petrofsky), and whether the arbitrator or master arbitrator exceeded a limit on their power (an issue not raised by the parties, an award beyond the policy limits, a master arbitrator re-weighing the evidence); a mere error of law, especially by a master arbitrator, is not enough (Smith; Falzone). The parties may be a provider-assignee, an injured person (lost wages, APIP) or the insurer, MVAIC or a self-insurer. The mandatory confirmation of an award when vacatur is denied (CPLR 7511 [e]) and the confirmation of an award revived when a § 5106 (c) de novo action is dismissed not on the merits are part of the topic but are not categories of their own (see relevance_guide).

Based on 178 decisions in our database, the most recent decided October 22, 2026.

Leading authorities · Governing regulations · Authority map · Decisions by court · Plain-text version (Markdown)

Leading authorities

Matter of Falzone (New York Cent. Mut. Fire Ins. Co.) (2010 NY Slip Op 07417) Court of Appeals, 2010Arbitral legal error alone is not a ground for vacaturA court may vacate an arbitration award only if it violates a strong public policy, is irrational, or clearly exceeds a specifically enumerated limitation on the arbitrator's power; a SUM arbitrator's refusal to give collateral-estoppel effect to an earlier no-fault award was a claim of legal error the courts cannot review, so the award was confirmed.
It is well settled that a court may vacate an arbitration award only if it violates a strong public policy, is irrational, or clearly exceeds a specifically enumerated limitation on the arbitrator’s power
Later history: Affirms Matter of Falzone, 64 AD3d 1149 (4th Dept 2009, 3-2; post 8404). The award reviewed was a SUM award; the no-fault decisions cite it for the general rule
Matter of Acuhealth Acupuncture, P.C. v Country-Wide Ins. Co. (2019 NY Slip Op 07246) Appellate Division, Second Department, 2019Compulsory-arbitration standard; master arbitrator's legal error not reviewableCourts reviewing a master arbitrator's award ask only whether it had evidentiary support, was rational or had a plausible basis; because the insurer submitted evidence of fraudulent incorporation, the master arbitrator's affirmance was not subject to vacatur even if it was an error of law, so the award was confirmed.
A court reviewing the award of a master arbitrator is limited to the grounds set forth in CPLR article 75, which include, in this compulsory arbitration, the question of whether the determination had evidentiary support, was rational, or had a plausible basis
Matter of Global Liberty Ins. Co. v Professional Chiropractic Care, P.C. (2016 NY Slip Op 04156) Appellate Division, First Department, 2016First Department: award ignoring controlling law is arbitraryThe master arbitrator's award was arbitrary because it irrationally ignored First Department law, presented to the master arbitrator, that the assignor's failure to attend scheduled IMEs voided the policy ab initio; an alleged error in the denial form was no rational basis for the award, which was vacated.
The master arbitrator’s award was arbitrary because it irrationally ignored the law, which petitioner insurer had presented to the master arbitrator, that the no-fault policy issued by petitioner was void ab initio due to respondent’s assignor’s failure to attend duly scheduled independent medical exams
Later history: Reverses Supreme Court, Bronx County, 2015 NY Slip Op 50936(U) (post 5448)
Matter of Ameriprise Ins. Co. v Kensington Radiology Group, P.C. (2020 NY Slip Op 00500) Appellate Division, First Department, 2020Award beyond policy limits exceeds the arbitrator's powerBesides irrationality, an award may be vacated if the arbitrator exceeded his or her power, as by an award beyond the policy limits; the defense may be supported by evidence first offered in court, and the Appellate Term's remand for a framed-issue hearing on whether the policy was exhausted before the unverified claims became payable was affirmed.
The defense that an award exceeds an arbitrator’s power is so important that a party may introduce evidence for the first time when the other party tries to confirm the award
Later history: Affirms App Term, 1st Dept, 2017 NY Slip Op 51911(U) (post 3840)
Matter of 563 Grand Med., P.C. v Country-Wide Ins. Co. (2026 NY Slip Op 04292) Appellate Division, Second Department, 2026Arbitrator who raises an unpleaded issue sua sponte exceeds powerAn arbitrator's authority extends only to the issues the parties present; because the insurer never asserted lack of standing, the arbitrator impermissibly raised it sua sponte, and vacatur of the master arbitration award affirming that denial was proper.
Here, Country-Wide failed to assert at the arbitration proceeding that Grand Medical lacked standing. Instead, the arbitrator impermissibly raised the issue of standing sua sponte
Later history: Followed for the second master award in the same dispute, 2026 NY Slip Op 04290 (post 15724), decided the same day
Matter of Fishkin (Allstate Ins. Co.) (2019 NY Slip Op 08060) Appellate Division, Fourth Department, 2019Master arbitrator may not review the evidence de novoA master arbitrator who re-weighed the peer review evidence instead of deciding whether the arbitrator's medical-necessity award was incorrect as a matter of law exceeded his powers; vacatur of the master award and confirmation of the lower award were affirmed.
Here, we agree with petitioner that the master arbitrator impermissibly performed a de novo review of the medical evidence, and thus clearly exceeded his powers.
Matter of Petrofsky (Allstate Ins. Co.) 54 NY2d 207Compulsory no-fault arbitration: award must have evidentiary support and a rational basis and not be arbitrary and capricious; defines the master arbitrator's review role. Cited by 88 decisions in the database.Not in our database.
Matter of Smith (Firemen's Ins. Co.) 55 NY2d 224Master arbitrator may vacate for error of law; courts will not vacate for an incorrect application of substantive law unless so irrational as to require vacatur. Cited by 41.Not in our database.
Matter of Motor Veh. Acc. Indem. Corp. v Aetna Cas. & Sur. Co. 89 NY2d 214Compulsory arbitration award upheld if supported by evidence and not arbitrary or capricious, even if legally erroneous. Cited by 85 (many in MVAIC/priority contexts).Not in our database.
Matter of Brijmohan v State Farm Ins. Co. 92 NY2d 821Award beyond the policy limits exceeds the arbitrator's power; the objection is not waived when raised in opposition to confirmation. Cited by 9.Not in our database.
Matter of Liberty Mut. Ins. Co. v Spine Americare Med. 294 AD2d 574Master arbitrator's factual review limited to rationality; legal ruling upheld unless irrational; 'mere errors of law are insufficient'. Cited by 24.Not in our database.
Matter of Allstate Ins. Co. v Keegan 201 AD2d 724Master arbitrator has no power to review the matter de novo. Cited by 16.Not in our database.
Acuhealth Acupuncture, P.C. v Country-Wide Ins. Co. 170 AD3d 1168'The master arbitrator's determination of the law need not be correct'; also attorney's fees under 65-4.10 (j) (4). Cited by 28; not in the database.Not in our database.
Matter of Exclusive Med. & Diagnostic v Government Empls. Ins. Co. 306 AD2d 476Upon denying a petition to vacate, the court must confirm the award (CPLR 7511 [e]); the standard App Term 2d citation. Cited by 27.Not in our database.
Matter of Shand (Aetna Ins. Co.) 74 AD2d 442Rational-basis review of compulsory no-fault awards. Cited by 36.Not in our database.
Countrywide Ins. Co. v Sawh 272 AD2d 245Arbitrators exceeded their authority by awarding beyond the $50,000 policy limit. Cited by 11.Not in our database.
Country-Wide Ins. Co. v Zablozki 257 AD2d 506First Department standard: award supported by evidence or other basis in reason. Cited by 14.Not in our database.
Matter of Joan Hansen & Co., Inc. v Everlast World's Boxing Headquarters Corp. 13 NY3d 168An arbitrator's authority extends only to the issues the parties present; relied on in 563 Grand Med. (2026) for the sua sponte ground.Not in our database.

Governing regulations

The court's standard (evidentiary support and a rational basis, not arbitrary and capricious, no excess of power; a mere error of law is not enough) comes from CPLR 7511 and the case law; on denying vacatur the court must confirm the award (CPLR 7511 (e)).

11 NYCRR 65-4.10 (h) A master arbitrator's award is final and binding except for a CPLR article 75 proceeding or, when the award is $5,000 or more (excluding interest and attorney's fees), a de novo action.
11 NYCRR 65-4.10 (a) An arbitrator's award may be vacated or modified solely by appeal to a master arbitrator: on the article 75 grounds, or because the award exceeds the policy limits (a) (2), is incorrect as a matter of law (a) (4) or awards a fee outside 65-4.6.

Also relevant

Chosen by us from the regulation text and the decisions on this question that cite it. Each link opens our copy of the regulation, which is unofficial; the official text is in the NYCRR.

Authority map

Each circle is a decision on this question, placed by court and date; its colour is the position it took. Lines are citations between them. Select a circle (or find a decision by name) to see its links and summary. The same decisions are listed by court below the map.

No ground for vacatur or modification shown: the award is confirmed or left in placeAward vacated or modified because it was irrational, arbitrary and capricious, without evidentiary support or contrary to settled lawAward vacated because the arbitrator exceeded a limit on his or her power (issue not raised, beyond policy limits, public policy) or on another CPLR 7511 (b) groundMaster arbitrator's award vacated because the master arbitrator went beyond the limited review allowed by 11 NYCRR 65-4.10The court cannot decide on the record whether a ground for vacatur exists and orders a hearing or a determination belowRing: rules on the question, but another ground decided the caseContrasted, distinguished or limitedDeclined to follow, questioned, overruled or reversedCited Show ordinary citations

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How the rule was applied, by court

Court	Award stands	Vacated: irrational/arbitrary	Vacated: exceeded power	Vacated: master overstepped	Remanded, undecided	Total
Court of Appeals	1	0	0	0	0	1
Appellate Division, First Department	21	11	1	0	1	34
Appellate Division, Second Department	24	5	3	2	0	34
Appellate Division, Third Department	1	0	0	0	0	1
Appellate Division, Fourth Department	2	1	0	1	0	4
Appellate Term, First Department	4	1	1	0	3	9
Appellate Term, Second Department	39	6	0	1	0	46
Trial courts in the First Department	8	1	2	0	0	11
Trial courts in the Second Department	28	8	1	1	0	38

Decisions (178)

Every decision in our database that rules on this question: highest court first, then by department, newest first. 166 turn on it; the others rule on it alongside a different main ground (marked "also decides"). The one-sentence summaries describe what each court said on this question.

Court of Appeals (1 decision)

Matter of Falzone (New York Cent. Mut. Fire Ins. Co.) (2010 NY Slip Op 07417) Leading case Court of Appeals, October 21, 2010No ground for vacatur or modification shown: the award is confirmed or left in placeHeld the SUM arbitrator's refusal to give collateral-estoppel effect to a prior no-fault award was mere legal error beyond judicial review, as the award was not irrational, against public policy or in excess of an enumerated limitation.

Appellate Division, First Department (34 decisions)

Matter of American Tr. Ins. Co. v Midland Pharm. Yonkers Corp. (2026 NY Slip Op 06193) Appellate Division, First Department, October 22, 2026No ground for vacatur or modification shown: the award is confirmed or left in place (also decides)Held that once the insurer's petition to vacate was denied, the court was required to confirm the master arbitration award under CPLR 7511 (e).
Matter of American Tr. Ins. Co. v Heyligers (2026 NY Slip Op 04363) Appellate Division, First Department, July 9, 2026No ground for vacatur or modification shown: the award is confirmed or left in placeHeld the arbitrator's and master arbitrator's awards to the chiropractor rational and not contrary to settled law because the insurer did not undermine the findings that the IME cut-off took effect on notice and that verification no longer tolled payment.
Matter of Floral Park Drugs, Inc. v Nationwide Gen. Ins. Co. (2024 NY Slip Op 01114) Appellate Division, First Department, February 29, 2024No ground for vacatur or modification shown: the award is confirmed or left in placeHeld the arbitrators' denial of the pharmacy's claim neither irrational nor contrary to settled law, since evidence showed the prescriptions were not electronic as Public Health Law § 281 requires, and unraised arguments could not show irrational rejection.
Matter of New Millennium Pain & Spine Medicine, P.C. v Garrison Prop. & Cas. Ins. Co. (2024 NY Slip Op 00599) Appellate Division, First Department, February 6, 2024No ground for vacatur or modification shown: the award is confirmed or left in placeAffirmed denial of vacatur because the arbitrators' choice of Harmonic over Alleviation was not irrational, and the insurer's 20% wage offset against the limit was allowed by statute.
Matter of Lam Quan, MD, PC v GEICO Gen. Ins. Co. (2024 NY Slip Op 00174) Appellate Division, First Department, January 16, 2024No ground for vacatur or modification shown: the award is confirmed or left in placeAffirmed denial of vacatur. The master arbitrator rationally upheld the award denying the claim, the arbitrator's choice of Harmonic over Alleviation was not a ground for reversal, and the wage-offset argument was unpreserved and unavailing.
Matter of New Millennium Pain & Spine Medicine, P.C. v Progressive Cas. Ins. Co. (2023 NY Slip Op 05369) Appellate Division, First Department, October 24, 2023No ground for vacatur or modification shown: the award is confirmed or left in placeAffirmed denial of the petition to vacate, holding that the arbitrator's choice to follow Harmonic rather than Alleviation on a conceded exhaustion was not irrational, since an award after exhaustion would exceed the arbitrator's power.
Matter of American Tr. Ins. Co. v Smart Choice Med., P.C. (2023 NY Slip Op 03191) Appellate Division, First Department, June 13, 2023Award vacated or modified because it was irrational, arbitrary and capricious, without evidentiary support or contrary to settled lawAffirmed vacatur of the master arbitrator's affirmance because the insurer proved the claimant's IME no-shows, a breach of a condition precedent vitiating coverage under well-established law, making the claim invalid as a matter of law.
Matter of DTR Country-Wide Ins. Co. v Refill Rx Pharm., Inc. (2023 NY Slip Op 00179) Appellate Division, First Department, January 17, 2023Award vacated because the arbitrator exceeded a limit on his or her power (issue not raised, beyond policy limits, public policy) or on another CPLR 7511 (b) groundAffirmed vacatur because the arbitrator exceeded his power by awarding benefits beyond the exhausted $50,000 limit, and held the insurer could raise exhaustion first in court.

Show all 34 decisions

Matter of Country-Wide Ins. Co. v TC Acupuncture, P.C. (2021 NY Slip Op 01120) Appellate Division, First Department, February 18, 2021No ground for vacatur or modification shown: the award is confirmed or left in placeReversed vacatur and confirmed the master arbitrator's award because the only ground cited, that the arbitrators applied the wrong burden of proof to the fraudulent incorporation defense, was a mere error of law outside CPLR 7511 (b).
Matter of Global Liberty Ins. Co. of N.Y. v Avangard Supply, Inc. (2020 NY Slip Op 06855) Appellate Division, First Department, November 19, 2020No ground for vacatur or modification shown: the award is confirmed or left in placeAffirmed denial of vacatur because the award, resting on the insurer's vague denial that lacked the required specificity about the IME basis, was rational and not arbitrary and capricious.
Matter of Findlay v MTA Bus Co. (2020 NY Slip Op 03611) Appellate Division, First Department, June 25, 2020No ground for vacatur or modification shown: the award is confirmed or left in placeAffirmed confirmation of the master award denying lost wages because the contradictory forms and testimony supported the arbitrator's credibility finding, and refusing a late-submitted employment contract was within her authority.
Matter of Global Liberty Ins. Co. of N.Y. v Capital Chiropractic, P.C. (2020 NY Slip Op 01466) Appellate Division, First Department, March 3, 2020Award vacated or modified because it was irrational, arbitrary and capricious, without evidentiary support or contrary to settled lawVacated the master arbitrator's award as arbitrary because it irrationally ignored well-established First Department precedent that the assignor's failure to attend scheduled IMEs voided the policy ab initio.
Matter of Ameriprise Ins. Co. v Kensington Radiology Group, P.C. (2020 NY Slip Op 00500) Leading case Appellate Division, First Department, January 23, 2020The court cannot decide on the record whether a ground for vacatur exists and orders a hearing or a determination belowAffirmed the remand for a framed-issue hearing on whether the policy limit was exhausted before the insurer became obligated to pay, since an award beyond the policy limits would exceed the arbitrator's power.
Matter of Global Liberty Ins. Co. of N.Y. v North Shore Family Chiropractic, PC (2019 NY Slip Op 08951) Appellate Division, First Department, December 12, 2019No ground for vacatur or modification shown: the award is confirmed or left in placeUpheld dismissal of the insurer's petition to vacate the award for the provider, because the insurer failed to show the claim was properly denied on workers' compensation grounds.
Matter of Global Liberty Ins. Co. of N.Y. v Top Q. Inc. (2019 NY Slip Op 06445) Appellate Division, First Department, September 3, 2019Award vacated or modified because it was irrational, arbitrary and capricious, without evidentiary support or contrary to settled lawVacated the master arbitrator's award as arbitrary because it irrationally ignored controlling law that the assignor's failure to attend scheduled IMEs voided the policy ab initio.
Matter of Global Liberty Ins. Co. v McMahon (2019 NY Slip Op 03692) Appellate Division, First Department, May 9, 2019Award vacated or modified because it was irrational, arbitrary and capricious, without evidentiary support or contrary to settled lawVacated the award and remanded for a new arbitration because refusing to consider CPT Assistant, which the fee schedule incorporates through the CPT book, made the award incorrect as a matter of law.
Matter of Global Liberty Ins. Co. v Medco Tech, Inc. (2019 NY Slip Op 02167) Appellate Division, First Department, March 21, 2019Award vacated or modified because it was irrational, arbitrary and capricious, without evidentiary support or contrary to settled lawVacated the award and ordered a de novo hearing because, on the record, it was irrational to find the equipment causally related to the accident when the peer review attributed the condition to degeneration.
Matter of Miller v Elrac, LLC (2019 NY Slip Op 01544) Appellate Division, First Department, March 5, 2019No ground for vacatur or modification shown: the award is confirmed or left in placeAffirmed denial of vacatur because the master arbitrator's affirmance rested on a sworn IME report giving evidentiary support, and rejecting the treating doctor's evidence was a factual and credibility determination, not a mistake of law.
Matter of Country-Wide Ins. Co. v Bay Needle Acupuncture, P.C. (2018 NY Slip Op 08238) Appellate Division, First Department, December 4, 2018No ground for vacatur or modification shown: the award is confirmed or left in placeAffirmed the judgment for the provider because the arbitrator's refusal of untimely papers was not irrational, the defense based on a guilty plea being a precludable not-rendered defense rather than a Mallela defense.
Matter of Country-Wide Ins. Co. v Bay Needle Care Acupuncture, P.C. (2018 NY Slip Op 03929) Appellate Division, First Department, June 5, 2018No ground for vacatur or modification shown: the award is confirmed or left in placeAffirmed denial of vacatur because the award was not subject to vacatur under either burden of proof for the fraudulent incorporation defense and the master arbitrator's affirmance was rational.
Matter of New York City Tr. Auth. v Physical Medicine & Rehab of NY PC (2018 NY Slip Op 01260) Appellate Division, First Department, February 22, 2018No ground for vacatur or modification shown: the award is confirmed or left in placeAffirmed denial of vacatur because the arbitrators rationally found the bus a proximate cause of the fall, the driver having refused to lower the lift, so the injury arose from use or operation of a motor vehicle.
Country-Wide Ins. Co. v Valdan Acupuncture, P.C. (2017 NY Slip Op 04068) Appellate Division, First Department, May 23, 2017No ground for vacatur or modification shown: the award is confirmed or left in placeAffirmed the judgment because the insurer established no CPLR 7511 ground; the master arbitrator properly confirmed the arbitrator's rejection of a fraudulent incorporation defense resting on a relative's guilty plea.
Matter of Global Liberty Ins. Co. v Therapeutic Physical Therapy, P.C. (2017 NY Slip Op 01833) Appellate Division, First Department, March 15, 2017Award vacated or modified because it was irrational, arbitrary and capricious, without evidentiary support or contrary to settled lawVacated the master award affirming the provider's award as arbitrary because it irrationally ignored the controlling law that checking the fee-schedule box on the NF-10 preserved the defense, and remanded for arbitration of that defense.
Country-Wide Ins. Co. v Radiology of Westchester, P.C. (2017 NY Slip Op 01461) Appellate Division, First Department, February 23, 2017Award vacated or modified because it was irrational, arbitrary and capricious, without evidentiary support or contrary to settled lawVacated the master award affirming the provider's award as arbitrary because it irrationally ignored the insurer's uncontroverted evidence that the assignor failed to appear at three scheduled examinations under oath.
Matter of Global Liberty Ins. Co. v Coastal Anesthesia Servs., LLC (2016 NY Slip Op 08964) Appellate Division, First Department, December 29, 2016No ground for vacatur or modification shown: the award is confirmed or left in placeConfirmed the master award for the provider because it had evidentiary support and a rational basis, the arbitrator having properly used discretion to refuse the insurer's late submissions.
Matter of Unitrin Advantage Ins. Co. Kemper A. Unitrin Bus. v Professional Health Radiology (2016 NY Slip Op 06767) Appellate Division, First Department, October 13, 2016No ground for vacatur or modification shown: the award is confirmed or left in placeUpheld denial of the insurer's petitions and confirmation of the awards because the insurer failed to show its IME letters contained the required reimbursement notice, so the IME no-show denial failed.
Matter of Global Liberty Ins. Co. v Professional Chiropractic Care, P.C. (2016 NY Slip Op 04156) Leading case Appellate Division, First Department, May 31, 2016Award vacated or modified because it was irrational, arbitrary and capricious, without evidentiary support or contrary to settled lawVacated the master arbitrator's award as arbitrary because it irrationally ignored First Department law, presented to it, that the assignor's IME no-shows voided the policy ab initio; an alleged denial-form error was no rational basis.
Encompass Ins. Co. v Rockaway Family Med. Care, P.C. (2016 NY Slip Op 01922) Appellate Division, First Department, March 17, 2016Award vacated or modified because it was irrational, arbitrary and capricious, without evidentiary support or contrary to settled lawAffirmed vacatur of the master arbitrator's award and reinstatement of the arbitrator's award because the insurer's second EUO follow-up, sent the next business day after a Sunday deadline, was timely under General Construction Law § 25-a.
Matter of Allstate Prop. & Cas. Ins. Co. v New Way Massage Therapy P.C. (2015 NY Slip Op 09184) Appellate Division, First Department, December 10, 2015No ground for vacatur or modification shown: the award is confirmed or left in placeAffirmed denial of the insurer's petition and confirmation of the master award because a fee-sharing arrangement, even if unprofessional conduct, is not a defense to a no-fault claim but a matter for the licensing board.
Auto One Ins. Co. v Hillside Chiropractic, P.C. (2015 NY Slip Op 01750) Appellate Division, First Department, March 3, 2015Award vacated or modified because it was irrational, arbitrary and capricious, without evidentiary support or contrary to settled lawVacated the award and remanded for a new hearing because the arbitrator's refusal to give weight to an unnotarized IME report under CPLR 2106, when the regulation dispenses with strict rules of evidence, was arbitrary.
Matter of Kane v Fiduciary Ins. Co. of Am. (2014 NY Slip Op 00593) Appellate Division, First Department, February 4, 2014No ground for vacatur or modification shown: the award is confirmed or left in placeReinstated the compulsory arbitration awards because they were not irrational or contrary to settled law: the primacy-based disclaimer was no repudiation, so the claimant had to, but did not, submit timely written proof of claim.
Motor Veh. Acc. Indem. Corp. v NYC E.-W. Acupuncture, P.C. (2010 NY Slip Op 07111) Appellate Division, First Department, October 7, 2010No ground for vacatur or modification shown: the award is confirmed or left in placeReversed vacatur and confirmed the awards because the arbitrator's refusal to adjourn so the payer could investigate other coverage was within his discretion and not misconduct, the payer having shown no clear and convincing proof of abuse.
Matter of MVAIC v Interboro Med. Care & Diagnostic PC (2010 NY Slip Op 04522) Appellate Division, First Department, May 27, 2010Award vacated or modified because it was irrational, arbitrary and capricious, without evidentiary support or contrary to settled lawVacated the award because the arbitrator refused to consider the lack-of-coverage defense as untimely under the 30-day rule, which was contrary to settled law recognizing the coverage exception, and remanded for a merits determination.
Travelers Indem. Co. v Rapid Scan Radiology, P.C. (2009 NY Slip Op 02731) Appellate Division, First Department, April 9, 2009No ground for vacatur or modification shown: the award is confirmed or left in placeHeld the master arbitrator rationally found the arbitrator erred in effectively finding fraud, a defense not raised in the denial and subject to 30-day preclusion, and that defects in the master arbitration request caused no prejudice, so no CPLR 7511 ground existed.

Appellate Division, Second Department (34 decisions)

American Tr. Ins. Co. v Bliss Acupuncture, P.C. (2026 NY Slip Op 06081) Appellate Division, Second Department, October 21, 2026No ground for vacatur or modification shown: the award is confirmed or left in place (also decides)Held that striking the insurer's de novo complaint for discovery noncompliance, a dismissal not on the merits, revived the dormant master arbitration award, which therefore had to be confirmed.
Matter of Nostrand Drugs Rx, Inc. v Church Mut. Ins. Co. (2026 NY Slip Op 05400) Appellate Division, Second Department, September 23, 2026No ground for vacatur or modification shown: the award is confirmed or left in placeHeld the pharmacy failed to demonstrate any statutory ground to vacate the master arbitrator's award affirming denial of its claim, since mere errors of law do not warrant vacatur of a master arbitrator's award.
Matter of 563 Grand Med., P.C. v Country-Wide Ins. Co. (2026 NY Slip Op 04291) Appellate Division, Second Department, July 8, 2026Award vacated or modified because it was irrational, arbitrary and capricious, without evidentiary support or contrary to settled lawHeld the master award rational as to entitlement to benefits and compound interest, but modified it because the finding that the provider did not unreasonably delay arbitration from 2003 to 2018 lacked evidentiary support and a rational basis.
Matter of 563 Grand Med., P.C. v Country-Wide Ins. Co. (2026 NY Slip Op 04292) Leading case Appellate Division, Second Department, July 8, 2026Award vacated because the arbitrator exceeded a limit on his or her power (issue not raised, beyond policy limits, public policy) or on another CPLR 7511 (b) groundAffirmed vacatur of the master arbitration award because the arbitrator exceeded his power by raising the provider's lack of standing sua sponte when the insurer never asserted it.
Matter of 563 Grand Med., P.C. v Country-Wide Ins. Co. (2026 NY Slip Op 04290) Appellate Division, Second Department, July 8, 2026Award vacated because the arbitrator exceeded a limit on his or her power (issue not raised, beyond policy limits, public policy) or on another CPLR 7511 (b) groundAffirmed vacatur of a second master arbitration award that, after remand, repeated the denial on a standing ground the arbitrator had impermissibly raised sua sponte, adopting the reasoning of the companion decision.
Matter of American Tr. Ins. Co. v Sovereign Med. Servs., P.C. (2026 NY Slip Op 03160) Appellate Division, Second Department, May 20, 2026No ground for vacatur or modification shown: the award is confirmed or left in placeReversed the vacatur. The master arbitrator rationally upheld the arbitrator's use of collateral estoppel, based on a prior arbitration, to reject the insurer's verification-noncompliance defense, so the award was not subject to vacatur and was confirmed.
Matter of American Tr. Ins. Co. v Suh (2026 NY Slip Op 03161) Appellate Division, Second Department, May 20, 2026No ground for vacatur or modification shown: the award is confirmed or left in placeReversed the vacatur. The master arbitrator's finding that the insurer's additional verification requests were improper, and so no basis for denial, was rational and supported by evidence, so the award was confirmed.
Matter of American Tr. Ins. Co. v Allied Bd. Certified Physicians (2026 NY Slip Op 01782) Appellate Division, Second Department, March 25, 2026No ground for vacatur or modification shown: the award is confirmed or left in place (also decides)Held the master arbitration award had to be confirmed under CPLR 7511 (e), as the insurer conceded, because the petition to vacate had been denied.

Show all 34 decisions

Matter of American Tr. Ins. Co. v Patient Care Assoc. (2026 NY Slip Op 01783) Appellate Division, Second Department, March 25, 2026No ground for vacatur or modification shown: the award is confirmed or left in place (also decides)Held the master arbitration award had to be confirmed under CPLR 7511 (e), as the insurer conceded, because the petition to vacate had been denied.
Matter of American Tr. Ins. Co. v Atlantic Med. Care, P.C. (2025 NY Slip Op 07297) Appellate Division, Second Department, December 24, 2025No ground for vacatur or modification shown: the award is confirmed or left in placeReversed remand to arbitration and confirmed the master arbitrator's award because, whatever the errors on burdens of proof, its finding that the passenger's late notice was reasonably justified had a rational basis.
Matter of American Tr. Ins. Co. v Big Apple Pain Mgt., PLLC (2025 NY Slip Op 05948) Appellate Division, Second Department, October 29, 2025No ground for vacatur or modification shown: the award is confirmed or left in placeReversed vacatur of the master arbitrator's award because the insurer failed to demonstrate any statutory ground for vacatur, mere errors of law being insufficient, and confirmed the award on the provider's cross-petition.
Matter of Oasis Med. & Surgical Wellness v New Jersey Mfrs. Ins. Co. (2025 NY Slip Op 05952) Appellate Division, Second Department, October 29, 2025No ground for vacatur or modification shown: the award is confirmed or left in placeUpheld the master arbitrator's affirmance of dismissal on forum non conveniens grounds because the parties, care, and policy were in New Jersey, so the provider failed to show no evidence justified the award; the insurer had not waived the forum objection.
Matter of South Nassau Community Hosp. v Avis Budget Group, Inc. (2025 NY Slip Op 05954) Appellate Division, Second Department, October 29, 2025No ground for vacatur or modification shown: the award is confirmed or left in placeUpheld the master arbitrator's vacatur of the hospital's award as not irrational or arbitrary, because on questions of substantive law a master arbitrator's determination must stand if it has a rational basis, even if erroneous.
Matter of Fill Rx NY, Inc. v LM Gen. Ins. Co. (2025 NY Slip Op 04785) Appellate Division, Second Department, August 27, 2025No ground for vacatur or modification shown: the award is confirmed or left in placeAffirmed dismissal of the provider's petition because the master arbitrator's affirmance of an award denying the claim on policy exhaustion had evidentiary support and a rational basis, and courts do not review arbitral legal error.
Matter of Advanced Orthopaedics, PLLC v Country-Wide Ins. Co. (2022 NY Slip Op 02406) Appellate Division, Second Department, April 13, 2022Award vacated or modified because it was irrational, arbitrary and capricious, without evidentiary support or contrary to settled lawVacated the master arbitrator's award as irrational because it treated an EUO no-show as a non-precludable coverage defense and applied 65-3.5(p) to excuse an EUO request sent more than 30 days after the claim.
Matter of V.S. Care Acupuncture, P.C. v Country-Wide Ins. Co. (2019 NY Slip Op 07265) Appellate Division, Second Department, October 9, 2019Award vacated or modified because it was irrational, arbitrary and capricious, without evidentiary support or contrary to settled lawAffirmed vacatur of the master arbitrator's award and confirmation of the original award because the master arbitrator had no rational basis for holding that rejecting the fraudulent incorporation defense was an error of law.
Matter of V.S. Care Acupuncture, P.C. v Country-Wide Ins. Co. (2019 NY Slip Op 07264) Appellate Division, Second Department, October 9, 2019No ground for vacatur or modification shown: the award is confirmed or left in placeConfirmed the master arbitrator's affirmance of the fraudulent-incorporation denial because it had evidentiary support and a rational basis, so it was not subject to vacatur even if it involved an error of law.
Matter of Bay Needle Care Acupuncture v Country-Wide Ins. Co. (2019 NY Slip Op 07249) Appellate Division, Second Department, October 9, 2019Master arbitrator's award vacated because the master arbitrator went beyond the limited review allowed by 11 NYCRR 65-4.10Affirmed vacatur of the master arbitrator's award and confirmation of the original award because the master arbitrator, in effect, weighed the fraudulent incorporation evidence and reached a different conclusion, exceeding his power.
Matter of Acuhealth Acupuncture, P.C. v Country-Wide Ins. Co. (2019 NY Slip Op 07246) Leading case Appellate Division, Second Department, October 9, 2019No ground for vacatur or modification shown: the award is confirmed or left in placeConfirmed the master arbitrator's award because collateral estoppel was not shown and the insurer's evidence of fraudulent incorporation gave the affirmance evidentiary support and a rational basis, any error of law being unreviewable.
Matter of Acuhealth Acupuncture, P.C. v Country-Wide Ins. Co. (2019 NY Slip Op 07245) Appellate Division, Second Department, October 9, 2019Master arbitrator's award vacated because the master arbitrator went beyond the limited review allowed by 11 NYCRR 65-4.10Affirmed vacatur of the master arbitrator's award because he rejected the arbitrator's proper refusal of late submissions and passed de novo on the fraudulent incorporation defense, exceeding his power.
Matter of Bay Needle Care Acupuncture, P.C. v Country Wide Ins. Co. (2019 NY Slip Op 07061) Appellate Division, Second Department, October 2, 2019No ground for vacatur or modification shown: the award is confirmed or left in placeAffirmed denial of vacatur because the master arbitrator's affirmance of a 65-4.6 (b) fee instead of an hourly 65-4.6 (c) fee, where no time records were submitted, was not irrational or arbitrary and capricious.
Matter of Acuhealth Acupuncture, P.C. v New York City Tr. Auth. (2018 NY Slip Op 08641) Appellate Division, Second Department, December 19, 2018No ground for vacatur or modification shown: the award is confirmed or left in placeAffirmed confirmation because the master arbitrator's affirmance of an award denying the claim, on the ground that the policy was exhausted when the last bill arrived, had evidentiary support and a rational basis.
Matter of Fast Care Med. Diagnostics, PLLC/PV v Government Empls. Ins. Co. (2018 NY Slip Op 03831) Appellate Division, Second Department, May 30, 2018Award vacated or modified because it was irrational, arbitrary and capricious, without evidentiary support or contrary to settled lawUpheld vacatur of both awards as irrational because the arbitrator disregarded established law by applying CPLR 1209 when the infant was not a party, and the master's finding that the assignment was ineffective had no legal basis.
Matter of Acuhealth Acupuncture, P.C. v Country-Wide Ins. Co. (2017 NY Slip Op 02785) Appellate Division, Second Department, April 12, 2017No ground for vacatur or modification shown: the award is confirmed or left in placeReinstated and confirmed the master award, which had set aside the provider's award, because the master arbitrator rationally corrected the arbitrator's legal error in treating the fraudulent-incorporation defense as precluded.
Matter of Singh v Allstate Ins. Co. (2016 NY Slip Op 01855) Appellate Division, Second Department, March 16, 2016No ground for vacatur or modification shown: the award is confirmed or left in placeHeld the claimant showed no ground to vacate the master arbitration awards denying her lost-wage claims, which had evidentiary support and a rational basis, so the petition was properly denied and the awards confirmed.
Matter of Allstate Ins. Co. v Westchester Med. Group, M.D. (2015 NY Slip Op 00876) Appellate Division, Second Department, February 4, 2015No ground for vacatur or modification shown: the award is confirmed or left in placeHeld the insurer showed no statutory ground to vacate the master award confirming that the provider complied with verification requests; the determination had evidentiary support and a rational basis, and claimed legal error was not reviewable.
Matter of Allstate Ins. Co. v Wilen (2013 NY Slip Op 07727) Appellate Division, Second Department, November 20, 2013No ground for vacatur or modification shown: the award is confirmed or left in placeUpheld the master arbitrator's vacatur of the lower award because a master arbitrator may apply the law to the facts differently and properly found the lower award incorrect as a matter of law, so he did not exceed his powers.
Matter of Chin v State Farm Ins. Co. (2010 NY Slip Op 04186) Appellate Division, Second Department, May 11, 2010No ground for vacatur or modification shown: the award is confirmed or left in placeHeld the petitioner showed no statutory ground for vacatur because the modified award had evidentiary support and a rational basis, and any failure to consider specified evidence did not warrant vacatur, so the award was confirmed under CPLR 7511 (e).
Matter of Travelers Indem. Co. v United Diagnostic Imaging, P.C. (2010 NY Slip Op 01658) Appellate Division, Second Department, February 23, 2010No ground for vacatur or modification shown: the award is confirmed or left in placeHeld the insurer showed no excess of power, and the master arbitrator's confirmation of the provider's award had evidentiary support and a rational basis and was not arbitrary and capricious.
Matter of Mercury Cas. Co. v Healthmakers Med. Group, P.C. (2009 NY Slip Op 08826) Appellate Division, Second Department, November 24, 2009No ground for vacatur or modification shown: the award is confirmed or left in placeHeld the arbitrator acted within her discretion in refusing the insurer's late submissions and the master arbitrator's affirmance had evidentiary support and a rational basis, so the award had to be confirmed under CPLR 7511 (e).
Matter of Health & Endurance Med., P.C. v Deerbrook Ins. Co. (2007 NY Slip Op 07844) Appellate Division, Second Department, October 16, 2007Award vacated because the arbitrator exceeded a limit on his or her power (issue not raised, beyond policy limits, public policy) or on another CPLR 7511 (b) groundVacated the arbitrator's and master arbitrator's awards because the arbitrator impermissibly raised provider eligibility under 11 NYCRR 65-3.11 (a) sua sponte and never decided the only issue raised, medical necessity.
Matter of Lutheran Med. Ctr. v Hereford Ins. Co. (2007 NY Slip Op 06884) Appellate Division, Second Department, September 18, 2007Award vacated or modified because it was irrational, arbitrary and capricious, without evidentiary support or contrary to settled lawHeld the first-party award properly vacated because the insurer had no notice of the Workers' Compensation Board hearing, so the arbitrator wrongly treated the Board's finding as binding and excluded the insurer's employment evidence.
Matter of Green v Liberty Mut. Ins. Co. (2005 NY Slip Op 07961) Appellate Division, Second Department, October 24, 2005No ground for vacatur or modification shown: the award is confirmed or left in placeAffirmed denial of the petition because the arbitrator acted within his discretion in refusing late submissions and the master arbitrator's affirmance had a rational basis, so no CPLR 7511 ground was shown.
Matter of Colon v GEICO (2005 NY Slip Op 03671) Appellate Division, Second Department, May 2, 2005No ground for vacatur or modification shown: the award is confirmed or left in placeHeld the master arbitrator, who vacated the lower award by limiting lost earnings to the injured person's actual earnings level, did not exceed his power and acted rationally, so the master award was confirmed.

Appellate Division, Third Department (1 decision)

Matter of Mercury Cas. Co. (Patient Care Assoc.) (2015 NY Slip Op 08891) Appellate Division, Third Department, December 3, 2015No ground for vacatur or modification shown: the award is confirmed or left in placeAffirmed confirmation because the arbitrator rationally found the IME notices misaddressed so no presumption of receipt arose, and non-binding dicta about notice to the insured's attorney did not make the award incorrect as a matter of law.

Appellate Division, Fourth Department (4 decisions)

Matter of Fishkin (Allstate Ins. Co.) (2019 NY Slip Op 08060) Leading case Appellate Division, Fourth Department, November 8, 2019Master arbitrator's award vacated because the master arbitrator went beyond the limited review allowed by 11 NYCRR 65-4.10Affirmed vacatur of the master arbitrator's award and confirmation of the lower award because the master arbitrator re-weighed the peer review evidence de novo instead of deciding whether the award was incorrect as a matter of law.
Matter of Progressive Cas. Ins. Co. (Elite Med. Supply of N.Y., LLC) (2018 NY Slip Op 04122) Appellate Division, Fourth Department, June 8, 2018No ground for vacatur or modification shown: the award is confirmed or left in placeUpheld the master arbitrator's vacatur of the denial awards because the master arbitrator corrected an error of substantive law in applying the 120-day verification rule rather than reviewing the evidence de novo.
Matter of Gee (State Farm Mut. Auto. Ins. Co.) (2013 NY Slip Op 04482) Appellate Division, Fourth Department, June 14, 2013No ground for vacatur or modification shown: the award is confirmed or left in placeHeld the awards dismissing lost-earnings and medical claims as time-barred not subject to vacatur, absent fraud or misconduct, and the master arbitrator's finding within his power, so the awards had to be confirmed under CPLR 7511 (e).
Matter of New York Cent. Mut. Fire Ins. Co. v Drasgow (2004 NY Slip Op 08354) Appellate Division, Fourth Department, November 19, 2004Award vacated or modified because it was irrational, arbitrary and capricious, without evidentiary support or contrary to settled lawAffirmed vacatur of an APIP award, holding that error of law was not reviewable but the record of early treatment and specialist referral left no rational basis for finding timely notice impossible.

Appellate Term, First Department (9 decisions)

Allstate Fire & Cas. Ins. Co. v Branch Med., P.C. (2022 NY Slip Op 50277(U)) Appellate Term, First Department, April 19, 2022Award vacated because the arbitrator exceeded a limit on his or her power (issue not raised, beyond policy limits, public policy) or on another CPLR 7511 (b) groundAffirmed vacatur of the master award because, after a framed-issue hearing showed the policy exhausted before the claim became payable, the award directing payment beyond the policy limit exceeded the arbitrator's power.
Allstate Ins. Co. v Brown (2019 NY Slip Op 51560(U)) Appellate Term, First Department, October 4, 2019No ground for vacatur or modification shown: the award is confirmed or left in placeUpheld the master arbitrator's award because the arbitrator's rejection of the IME no-show defense rested on her review of the mailing proof and the claimant's prior attendance, and the parties had agreed to limit the issues.
Hereford Ins. Co. v Iconic Wellness Surgical Servs., LLC (2019 NY Slip Op 50801(U)) Appellate Term, First Department, May 23, 2019No ground for vacatur or modification shown: the award is confirmed or left in placeReinstated the master arbitrator's award because a later court declaration of no coverage is not a ground for vacatur, and the affirmance was neither irrational nor in disregard of controlling law.
Allstate Ins. Co. v Gandron (2019 NY Slip Op 50562(U)) Appellate Term, First Department, April 17, 2019No ground for vacatur or modification shown: the award is confirmed or left in placeReinstated the master arbitrator's award because his measured response to the pro se claimant's unsolicited communication was not misconduct, and his finding of factual issues on regulatory compliance and the IME nonappearance was not irrational.
Allstate Ins. Co. v Longevity Med. Supply, Inc. (2018 NY Slip Op 50238(U)) Appellate Term, First Department, February 22, 2018No ground for vacatur or modification shown: the award is confirmed or left in placeUpheld the master arbitrator's award for the provider because it rationally found the provider answered the verification demands, and correcting the arbitrator's error of law was within the master arbitrator's authority.
Ameriprise Ins. Co. v Kensington Radiology Group, P.C. (2017 NY Slip Op 51911(U)) Appellate Term, First Department, December 22, 2017The court cannot decide on the record whether a ground for vacatur exists and orders a hearing or a determination belowReversed confirmation and remanded for a framed-issue hearing because the insurer's declaration page and chronological payment ledger raised triable issues whether the $50,000 limit was exhausted, which would make the award exceed the arbitrator's power.
Allstate Prop. & Cas. Ins. Co. v Northeast Anesthesia & Pain Mgt. (2016 NY Slip Op 50828(U)) Appellate Term, First Department, May 31, 2016The court cannot decide on the record whether a ground for vacatur exists and orders a hearing or a determination belowReversed denial of vacatur and confirmation, remanding for a framed-issue hearing because the insurer's proof raised triable issues whether the policy limit was exhausted, an award beyond the limit exceeding the arbitrator's power and not waived.
Allstate Ins. Co. v DeMoura (2011 NY Slip Op 50430(U)) Appellate Term, First Department, March 24, 2011The court cannot decide on the record whether a ground for vacatur exists and orders a hearing or a determination belowReversed denial of vacatur and confirmation, remanding for a framed-issue hearing because the insurer's submissions raised a triable issue whether the $50,000 limit was exhausted, an award beyond the limit exceeding the arbitrator's power and the objection not waived.

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Appellate Term, Second Department (46 decisions)

Wellness Diagnostic Imaging, P.C. v American Tr. Ins. Co. (2025 NY Slip Op 50628(U)) Appellate Term, Second Department, April 10, 2025No ground for vacatur or modification shown: the award is confirmed or left in placeFound a rational basis for the master arbitrator's affirmance because the parties stipulated that IME attendance was the only issue, so the provider's timeliness and preclusion arguments failed, and the award had to be confirmed under CPLR 7511 (e).
Ola v American Family Connect Ins. Co. (2024 NY Slip Op 51804(U)) Appellate Term, Second Department, November 15, 2024Award vacated or modified because it was irrational, arbitrary and capricious, without evidentiary support or contrary to settled lawAffirmed vacatur of the arbitrator's and master arbitrator's awards, adopting the lower court's reasons that the master arbitrator's award was arbitrary because the underlying award was contrary to settled law, with rehearing before a new arbitrator.
Advanced Recovery Equip. & Supplies, LLC v Tri-State Consumer Ins. Co. (2023 NY Slip Op 51239(U)) Appellate Term, Second Department, October 5, 2023Award vacated or modified because it was irrational, arbitrary and capricious, without evidentiary support or contrary to settled lawAffirmed vacatur of the master arbitrator's award upholding denial of the provider's claims, agreeing it was contrary to settled law and had no rational basis, with remittal for a new determination.
Matter of Advanced Orthopaedics PLLC v Unitrin Advantage Ins. Co. (2020 NY Slip Op 51017(U)) Appellate Term, Second Department, August 27, 2020No ground for vacatur or modification shown: the award is confirmed or left in placeUpheld the master arbitrator's affirmance of the denial because it had a rational basis under the compulsory-arbitration standard, and added confirmation of the award as CPLR 7511(e) requires once vacatur is denied.
Matter of Metro Pain Specialist P.C. v Country-Wide Ins. Co. (2020 NY Slip Op 50014(U)) Appellate Term, Second Department, January 2, 2020Master arbitrator's award vacated because the master arbitrator went beyond the limited review allowed by 11 NYCRR 65-4.10Affirmed vacatur of the master arbitrator's award because, rejecting the arbitrator's rational award as based on insufficient evidence, the master arbitrator reviewed factual issues de novo and exceeded his authority.
Kanter Physical Medicine & Rehab, P.C., GEICO Ins. Co. (2019 NY Slip Op 51175(U)) Appellate Term, Second Department, July 12, 2019No ground for vacatur or modification shown: the award is confirmed or left in placeFound a rational basis for the master arbitrator's affirmance of the denial, so the petition to vacate was properly denied, and added confirmation of the award as CPLR 7511(e) requires.
Essential Health Chiropractic, P.C. v Geico Ins. Co. (2017 NY Slip Op 51080(U)) Appellate Term, Second Department, August 17, 2017No ground for vacatur or modification shown: the award is confirmed or left in placeAffirmed the denial of the provider's petition and the confirmation of the master award upholding the denial of the claims, because the master arbitrator's determination had a rational basis and was not contrary to settled law.
Essential Health Chiropractic, P.C. v Geico Ins. Co. (2017 NY Slip Op 51079(U)) Appellate Term, Second Department, August 17, 2017No ground for vacatur or modification shown: the award is confirmed or left in placeAffirmed the denial of the provider's petition and the confirmation of the master award upholding the denial of the claims, because the master arbitrator's determination had a rational basis and was not contrary to settled law.

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Trial courts in the First Department (11 decisions)

American Tr. Ins. Co. v Brooklyn Med. Practice, PC (2025 NY Slip Op 50897(U) [86 Misc 3d 1208(A)]) Supreme Court, New York County, May 22, 2025No ground for vacatur or modification shown: the award is confirmed or left in placeDenied the insurer's petition and confirmed the award because the arbitrator did not err in giving a prior award issue-preclusive effect; the insurer had to show that the prior award was vacated or not in force.
American Tr. Ins. Co. v Excell Clinical Lab (2024 NY Slip Op 50820(U)) Civil Court of the City of New York, New York County, June 28, 2024No ground for vacatur or modification shown: the award is confirmed or left in placeDenied the insurer's petition because court evidentiary burden-shifting rules on medical necessity do not bind no-fault arbitrators, the award reflecting close examination of the MRI evidence was not irrational, and it was final and definite.
American Tr. Ins. Co. v Mark S. McMahon MD, P.C. (2022 NY Slip Op 50716(U)) Civil Court of the City of New York, New York County, August 5, 2022No ground for vacatur or modification shown: the award is confirmed or left in placeDenied vacatur and confirmed the master arbitrator's affirmance because the arbitrator rationally credited the provider's rebuttal over the peer review on medical necessity and causation, a credibility choice courts cannot reweigh, and the award was final and definite.
Matter of Hereford Ins. Co. v Corona Med. PC (2021 NY Slip Op 50991(U)) Civil Court of the City of New York, New York County, October 20, 2021Award vacated or modified because it was irrational, arbitrary and capricious, without evidentiary support or contrary to settled lawVacated the master and lower awards as arbitrary and capricious because nothing in the record supported coverage under the insurer's policy, which covered only another vehicle, and the arbitrator wrongly treated a lack-of-coverage defense as a priority dispute.
Maidstone Ins. Co. v Medical Records Retrieval, Inc. (2018 NY Slip Op 50556(U)) Supreme Court, Bronx County, April 4, 2018No ground for vacatur or modification shown: the award is confirmed or left in placeDenied the insurer's unopposed petition and confirmed the master award because the arbitrators rationally rejected the DME fee-schedule defense, the Department of Health having set no rental price for unlisted items.
Matter of Global Liberty Ins. Co. v Professional Chiropractic Care P.C. (2015 NY Slip Op 50936(U)) Supreme Court, Bronx County, June 22, 2015No ground for vacatur or modification shown: the award is confirmed or left in placeDenied the insurer's petition to vacate the master arbitrator's award reversing the arbitrator, holding the award rational because the denial cited an incorrect IME date and that alleged legal error is not a ground for vacatur.
Country-Wide Ins. Co. v New Century Acupuncture P.C. (2015 NY Slip Op 50636(U)) Civil Court of the City of New York, New York County, April 1, 2015Award vacated because the arbitrator exceeded a limit on his or her power (issue not raised, beyond policy limits, public policy) or on another CPLR 7511 (b) groundVacated the award because the arbitrator failed to disclose his firm's close connection to the law firm representing the provider elsewhere, and the insurer, unaware of it, could not seek his disqualification for possible bias.
Canarsie Med. Health, P.C. v National Grange Mut. Ins. Co. (2008 NY Slip Op 28380) Supreme Court, New York County, September 17, 2008No ground for vacatur or modification shown: the award is confirmed or left in place (also decides)Denied the provider's petition to vacate the master arbitrator's award and confirmed it, because the award's interest ruling rested on 65-3.9 (c), which the court found a valid, rational regulation consistent with Insurance Law 5106 (a).

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Trial courts in the Second Department (38 decisions)

ENS Med., P.C. v Nationwide Ins. Co. (2026 NY Slip Op 26033) Supreme Court, Kings County, February 13, 2026No ground for vacatur or modification shown: the award is confirmed or left in placeConfirmed the master arbitrator's affirmance of an award denying an EUO lost-earnings claim as non-arbitrable, holding the conclusion plausible and not irrational, so any error of law was not a ground for vacatur.
Community Med. Imaging P.C. v American Tr. Ins. Co. (2024 NY Slip Op 50301(U)) Supreme Court, Kings County, March 21, 2024No ground for vacatur or modification shown: the award is confirmed or left in placeHeld the master arbitrator rationally affirmed the finding that the bill was mailed beyond 45 days, because whether and when it was mailed was a factual question within the arbitrator's discretion, so no CPLR 7511 ground existed and the award was confirmed.
Time to Care Pharm. Inc. v American Tr. Ins. Co. (2024 NY Slip Op 50126(U)) District Court of Suffolk County, Second District, January 17, 2024No ground for vacatur or modification shown: the award is confirmed or left in placeConfirmed the master arbitration award on the provider's unopposed petition, finding the lower award had a rational basis and was not arbitrary, capricious or incorrect as a matter of law.
John T. Mather Mem. Hosp. v American Tr. Ins. Co. (2024 NY Slip Op 24009) Supreme Court, Kings County, January 12, 2024No ground for vacatur or modification shown: the award is confirmed or left in place (also decides)Granted the provider's unopposed petition and confirmed the master arbitrator's award affirming the lower award in its entirety.
American Tr. Ins. Co. v Trinity Pain Mgt. of Staten Is., PLLC (2023 NY Slip Op 51337(U)) Supreme Court, Kings County, December 8, 2023No ground for vacatur or modification shown: the award is confirmed or left in placeHeld the master arbitrator's rejection of the insurer's exhaustion defense neither irrational nor beyond his power, since only a bare payment ledger was submitted, and no CPLR 7511 (b) ground was shown; award confirmed.
Vitaliti v New York City Tr. Auth. (2023 NY Slip Op 51156(U)) Supreme Court, Kings County, September 29, 2023No ground for vacatur or modification shown: the award is confirmed or left in placeDenied the injured person's petition and upheld the master arbitrator's vacatur of the award, because the master arbitrator reversed on a rule of substantive law (preclusion of the self-insurer's defense), did not re-weigh facts, and was not irrational.
American Tr. Ins. Co. v Nexray Med. Imaging PC (2023 NY Slip Op 50953(U)) Supreme Court, Kings County, September 8, 2023No ground for vacatur or modification shown: the award is confirmed or left in place (also decides)Denied the insurer's petition to vacate and confirmed the master arbitrator's award because the insurer never attached that award, so it made no prima facie showing that the award was irrational or exceeded the master arbitrator's power.
American Tr. Ins. Co. v PDA NY Chiropractic, P.C. (2023 NY Slip Op 50938(U)) Supreme Court, Kings County, September 1, 2023Award vacated or modified because it was irrational, arbitrary and capricious, without evidentiary support or contrary to settled lawVacated the master award affirming payment of bills pended for verification because applying a 'substantial compliance' standard contradicted settled law and was irrational; upheld the medical-necessity ruling but, unable to split the award, remanded everything for rehearing.

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How this page is made: the decisions are those in our case-law database that cite this question's leading cases or were tagged with its subject. A language model read each one in full and recorded whether it rules on the question, the position it took and a one-sentence summary; a second, independent reading checked every entry. Court, department, date and the citation links come from the database. Read the decision before relying on it.