Appellate Division, Second Department
Sep 23, 2026
2026 NY Slip Op 05400
Insurer prevailed
The provider's petition to vacate a master arbitration award was denied because it showed no statutory ground for vacatur. The Appellate Division, Second Department, affirmed the denial of the CPLR article 75 petition challenging an award rejecting reimbursement for prescription medications. The court relied on CPLR 7511's narrow grounds for vacatur and the insufficiency of mere legal errors; remaining contentions were unpreserved or unnecessary to reach.
Appellate Division, Second Department
Sep 23, 2026
2026 NY Slip Op 05393
Insurer prevailed
The claimant failed to offer a reasonable excuse for defaulting in opposition to the insurer's petition to stay UM arbitration. After the claimant missed a court-ordered deadline for written opposition, Supreme Court permanently stayed arbitration of the alleged hit-and-run claim. Relief under CPLR 5015 (a) (1) required both a reasonable excuse and a potentially meritorious defense. Conclusory assertions that missing medical records and a purported police report hampered opposition were insufficient because the claimant did not explain efforts to obtain them. The Appellate Division, Second Department, affirmed the order, insofar as appealed from, denying vacatur and found it unnecessary to consider a potentially meritorious defense.
Appellate Division, Second Department
Jul 22, 2026
2026 NY Slip Op 04502
The adverse vehicle's policy administrator established valid Pennsylvania rescission within 60 days, defeating a permanent stay of UM arbitration. The petitioning insurer sought a stay and joinder of the administrator and adverse driver. Under Pennsylvania law, material application misrepresentations permitted retroactive rescission as to the insured; rescission beyond 60 days was precluded as to innocent third parties. The administrator proved rescission ab initio within that period, rebutting the petitioning insurer's preliminary showing. The claimant could seek coverage under the policy insuring the claimant's own vehicle. The Appellate Division, Second Department, reversed the order, insofar as appealed from, denied the permanent stay and joinder, and remitted for a new determination of the requested temporary stay pending discovery under CPLR article 75.
Appellate Division, Second Department
Jul 8, 2026
2026 NY Slip Op 04292
Provider prevailed
An arbitrator may not raise a standing defense that the insurer failed to assert in the arbitration proceeding. The arbitrator denied the provider's no-fault claims because the provider failed to establish that its owner or employees, rather than independent contractors, supplied the services. A master arbitrator affirmed. Under CPLR 7511 (b), an award may be vacated when an arbitrator exceeds the arbitrator's authority and prejudices a party's rights. That authority extends only to issues presented by the parties and excludes unpleaded affirmative defenses. The Appellate Division, Second Department, affirmed the order, insofar as appealed from, vacating the master arbitration award and denying the insurer's cross-petition to confirm it.
Appellate Division, Second Department
Jul 8, 2026
2026 NY Slip Op 04293
Insurer prevailed
The provider's additional attorney's fee motion failed because no valid denied or overdue claim had been determined when it moved. Supreme Court had vacated a master arbitration award rejecting the claims for failure to prove standing and referred them to arbitration for further proceedings. That ruling did not establish entitlement to payment. Insurance Law § 5106 (a) and 11 NYCRR 65-4.10 (j) (4) permit fees for securing payment of a valid claim that was denied or overdue. The Appellate Division, Second Department, reversed the money judgment awarding additional fees and denied the provider's motion. It dismissed the separate appeal from the order because the money judgment superseded it.
Appellate Division, Second Department
Jul 8, 2026
2026 NY Slip Op 04290
Provider prevailed
The provider obtained vacatur of a second master arbitration award denying claims on standing grounds, and that order was affirmed. The award repeated a previously vacated sua sponte standing determination without new explanation. The Appellate Division, Second Department, affirmed the order, insofar as appealed from, relying on the companion appeal decided the same day, leaving the insurer's cross-petition for confirmation denied.
