March 3, 2020
Matter of Global Liberty Ins. Co. of N.Y. v Capital Chiropractic, P.C. (2020 NY Slip Op 01466)
https://www.beynensonlaw.com/case-law/matter-of-global-liberty-ins-co-of-n-y-v-capital-chiropractic-p-c-2020ny-slip-op-01466/
- Decided
- March 3, 2020
- Citation
- 2020 NY Slip Op 01466 · 181 AD3d 429
- Posture
- Article 75 petition
- Outcome
- Insurer prevailed
- Legal questions
- Court review of arbitration awards (see the maps)
Posture, outcome, issues and treatment by other decisions are Beynenson Law’s classification. Treatment labels are assigned by a language model reading the citing decision; negative and appeal-history labels are checked by a second reader.
Summary
Editorial summary by Beynenson Law, not part of the court’s decision.
Reported in New York Official Reports at Matter of Global Liberty Ins. Co. of N.Y. v Capital Chiropractic, P.C. (2020 NY Slip Op 01466)
| Matter of Global Liberty Ins. Co. of N.Y. v Capital Chiropractic, P.C. |
| 2020 NY Slip Op 01466 [181 AD3d 429] |
| March 3, 2020 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
[*1]
| In the Matter of Global Liberty Insurance Company of
New York, Appellant, v Capital Chiropractic, P.C., as Assignee of Oliver Rigor, Respondent. |
Law Office of Jason Tenenbaum, P.C., Garden City (Jason Tenenbaum of counsel), for appellant.
Fazio, Rynsky & Associates, LLP, Syosset (Svetlana Sobel of counsel), for respondent.
Order, Supreme Court, Bronx County (Donna Mills, J.), entered April 16, 2019, which denied the petition to vacate a master arbitrator’s award, unanimously reversed, on the law, without costs, and the petition granted.
The master arbitrator’s award was arbitrary in that it irrationally ignored well-established precedent 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” (Matter of Global Liberty Ins. Co. of N.Y. v Top Q. Inc., 175 AD3d 1131, 1131 [1st Dept 2019]; see Matter of Global Liberty Ins. Co. v Professional Chiropractic Care, P.C., 139 AD3d 645, 646 [1st Dept 2016]; Unitrin Advantage Ins. Co. v Bayshore Physical Therapy, PLLC, 82 AD3d 559, 560 [1st Dept 2011], lv denied 17 NY3d 705 [2011]). Concur—Renwick, J.P., Gische, Kern, Singh, JJ.
Legal questions
A question of no-fault law this decision rules on, from our Legal Questions pages. Bars count the decisions on the question by year and court, coloured by category; circles are this decision and the decisions on the question it cites or that cite it. Point at a bar or circle for details. The categories and summaries are Beynenson Law’s classification, made by a language model and checked by a second reading.
When does a court vacate, modify or confirm a no-fault arbitrator’s or master arbitrator’s award under CPLR article 75?
This decision: Award vacated or modified because it was irrational, arbitrary and capricious, without evidentiary support or contrary to settled law
Vacated 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.
Of the 55 decisions on this question in the First Department courts and the Court of Appeals, 13 (this one included) are in the same category.
Cited in this decision
A label shows how this decision treated the case it cites.
- Matter of Global Liberty Ins. Co. of N.Y. v Top Q. Inc. (2019 NY Slip Op 06445) FollowedThe master arbitrator's award was arbitrary because it ignored controlling law on the assignor's failure to attend duly scheduled IMEs. Following Hereford Ins. Co. v Lida's Med. Supply, Inc., the policy was void ab initio because of that nonappearance.
- Matter of Global Liberty Ins. Co. v Professional Chiropractic Care, P.C. (2016 NY Slip Op 04156) FollowedA master arbitrator's award was irrational because it ignored the coverage effect of the assignor's failure to attend duly scheduled IMEs. The insurer presented authority establishing that the IME nonappearances rendered the no-fault policy void ab initio.
- Unitrin Advantage Ins. Co. v Bayshore Physical Therapy, PLLC (2011 NY Slip Op 01948) FollowedAn assignor's failure to attend required IMEs permits retroactive denial of no-fault claims regardless of denial timeliness.
Cited by
- Matter of American Tr. Ins. Co. v Smart Choice Med., P.C. (2023 NY Slip Op 03191)An injured claimant's failure to attend requested IMEs breaches a condition precedent and vitiates no-fault coverage.
Similar decisions
- Matter of Global Liberty Ins. Co. v Coastal Anesthesia Servs., LLC (2016 NY Slip Op 08964)A no-fault arbitrator has discretion to refuse late submissions under 11 NYCRR 65-4.2 (b) (3).
- Golden Earth Chiropractic & Acupuncture, PLLC v Global Liberty Ins. Co. of N.Y. (2016 NY Slip Op 26395)A master arbitrator may correct an error of substantive law without independently weighing evidence or determining credibility.
- Matter of Global Liberty Ins. Co. v Lenox Hill Radiology & Med. Imaging Assoc. P.C. (2016 NY Slip Op 51792(U))The insurer's petition to vacate a master arbitration award upholding the provider's reimbursement claim was denied.
- Matter of Global Liberty Ins. Co. of N.Y. v Avangard Supply, Inc. (2020 NY Slip Op 06855)An insurer's vague IME-based denial supported a rational arbitration award of no-fault benefits to the providers.
- Matter of Global Liberty Ins. Co. of N.Y. v North Shore Family Chiropractic, PC (2019 NY Slip Op 08951)The insurer failed to establish that the assignor was injured in the course of employment and eligible for workers' compensation.