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/

Court
Appellate Term, Second Department
Decided
December 22, 2003
Citation
2003 NY Slip Op 51693(U)
Posture
Article 75 petition
Issues
CPLR article 75 (arbitration awards) SUM / uninsured motorist
Cite as
Matter of State Farm Mut. Auto. Ins. Co. v Travelers Ins. Co., 2003 NY Slip Op 51693(U) (App Term, 2d Dept, 2d & 11th Jud Dists 2003)

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.

The petitioning insurer's application to vacate no-fault and uninsured motorist arbitration awards was denied. The Appellate Term, Second Department, affirmed, finding no showing of an unsupported, arbitrary and capricious no-fault award or excess or imperfect execution of power on the uninsured motorist award under CPLR 7511 (b) (1) (iii). The opposing insurer's confirmation cross petition was not reviewed because it had not cross-appealed.

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))

[*1]
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This opinion is uncorrected and will not be published in the Official Reports.
Decided on December 22, 2003

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
IN THE MATTER OF STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a/s/o MARY L. POPE, Appellant,

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

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