December 22, 2003

Matter of State Farm Mut. Auto. Ins. Co. v Travelers Ins. Co. (2003 NY Slip Op 51693(U))

Headnote

The court considered the issue of whether State Farm Mutual Automobile Insurance Company had failed to establish that the arbitrator's award for its compulsory arbitration of a no-fault claim was not based on the evidence and was arbitrary and capricious. The court also considered the issue of whether State Farm had failed to establish that the arbitrator exceeded his power or so imperfectly executed it regarding its uninsured motorist claim. The court held that State Farm failed to establish either of these claims and therefore, its petition to vacate the awards was properly denied. Additionally, the court did not address Travelers Insurance Company's cross petition to confirm the awards, as it had not been 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))

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 § 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This opinion is uncorrected and will not be published in the Official Reports.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