# 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). - Decisions: 178 in the database, the most recent decided 2026-10-22 - Page: https://www.beynensonlaw.com/no-fault-topics/article-75-review/ ## Leading authorities - [Matter of Falzone (New York Cent. Mut. Fire Ins. Co.) (2010 NY Slip Op 07417)](https://www.beynensonlaw.com/case-law/matter-of-falzone-new-york-cent-mut-fire-ins-co-2010-ny-slip-op-07417/) — Court of Appeals, 2010. Arbitral legal error alone is not a ground for vacatur: 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; 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. - [Matter of Acuhealth Acupuncture, P.C. v Country-Wide Ins. Co. (2019 NY Slip Op 07246)](https://www.beynensonlaw.com/case-law/matter-of-acuhealth-acupuncture-p-c-v-country-wide-ins-co-2019-ny-slip-op07246/) — Appellate Division, Second Department, 2019. Compulsory-arbitration standard; master arbitrator's legal error not reviewable: Courts 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. - [Matter of Global Liberty Ins. Co. v Professional Chiropractic Care, P.C. (2016 NY Slip Op 04156)](https://www.beynensonlaw.com/case-law/matter-of-global-liberty-ins-co-v-professional-chiropractic-care-p-c-2016ny-slip-op-04156/) — Appellate Division, First Department, 2016. First Department: award ignoring controlling law is arbitrary: The 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. - [Matter of Ameriprise Ins. Co. v Kensington Radiology Group, P.C. (2020 NY Slip Op 00500)](https://www.beynensonlaw.com/case-law/matter-of-ameriprise-ins-co-v-kensington-radiology-group-p-c-2020-nyslip-op-00500/) — Appellate Division, First Department, 2020. Award beyond policy limits exceeds the arbitrator's power: Besides 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. - [Matter of 563 Grand Med., P.C. v Country-Wide Ins. Co. (2026 NY Slip Op 04292)](https://www.beynensonlaw.com/case-law/matter-of-563-grand-med-p-c-v-country-wide-ins-co-2026-ny-slip-op-04292/) — Appellate Division, Second Department, 2026. Arbitrator who raises an unpleaded issue sua sponte exceeds power: An 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. - [Matter of Fishkin (Allstate Ins. Co.) (2019 NY Slip Op 08060)](https://www.beynensonlaw.com/case-law/matter-of-fishkin-allstate-ins-co-2019-ny-slip-op-08060/) — Appellate Division, Fourth Department, 2019. Master arbitrator may not review the evidence de novo: A 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. - Matter of Petrofsky (Allstate Ins. Co.), 54 NY2d 207 (not in the database). Compulsory 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. - Matter of Smith (Firemen's Ins. Co.), 55 NY2d 224 (not in the database). Master 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. - Matter of Motor Veh. Acc. Indem. Corp. v Aetna Cas. & Sur. Co., 89 NY2d 214 (not in the database). Compulsory arbitration award upheld if supported by evidence and not arbitrary or capricious, even if legally erroneous. Cited by 85 (many in MVAIC/priority contexts). - Matter of Brijmohan v State Farm Ins. Co., 92 NY2d 821 (not in the database). Award beyond the policy limits exceeds the arbitrator's power; the objection is not waived when raised in opposition to confirmation. Cited by 9. - Matter of Liberty Mut. Ins. Co. v Spine Americare Med., 294 AD2d 574 (not in the database). Master arbitrator's factual review limited to rationality; legal ruling upheld unless irrational; 'mere errors of law are insufficient'. Cited by 24. - Matter of Allstate Ins. Co. v Keegan, 201 AD2d 724 (not in the database). Master arbitrator has no power to review the matter de novo. Cited by 16. - Acuhealth Acupuncture, P.C. v Country-Wide Ins. Co., 170 AD3d 1168 (not in the database). '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. - Matter of Exclusive Med. & Diagnostic v Government Empls. Ins. Co., 306 AD2d 476 (not in the database). Upon denying a petition to vacate, the court must confirm the award (CPLR 7511 [e]); the standard App Term 2d citation. Cited by 27. - Matter of Shand (Aetna Ins. Co.), 74 AD2d 442 (not in the database). Rational-basis review of compulsory no-fault awards. Cited by 36. - Countrywide Ins. Co. v Sawh, 272 AD2d 245 (not in the database). Arbitrators exceeded their authority by awarding beyond the $50,000 policy limit. Cited by 11. - Country-Wide Ins. Co. v Zablozki, 257 AD2d 506 (not in the database). First Department standard: award supported by evidence or other basis in reason. Cited by 14. - Matter of Joan Hansen & Co., Inc. v Everlast World's Boxing Headquarters Corp., 13 NY3d 168 (not in the database). An arbitrator's authority extends only to the issues the parties present; relied on in 563 Grand Med. (2026) for the sua sponte ground. ## 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)](https://www.beynensonlaw.com/no-fault-regulations/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)](https://www.beynensonlaw.com/no-fault-regulations/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. - [11 NYCRR 65-4.10 (a) (4)](https://www.beynensonlaw.com/no-fault-regulations/11-nycrr-65-4-10/#a-4) [also relevant]: A master arbitrator may vacate an award incorrect as a matter of law (not for procedural or factual errors below); under the case law courts therefore set aside a master arbitrator's legal ruling only if it is irrational, not for mere error. - [11 NYCRR 65-4.10 (c)](https://www.beynensonlaw.com/no-fault-regulations/11-nycrr-65-4-10/#c) [also relevant]: Master arbitration review is on the submitted documents and only of matters that were before the arbitrator below; under the case law a master arbitrator who re-weighs the evidence or decides the facts de novo exceeds that power. - [11 NYCRR 65-4.10 (a) (2)](https://www.beynensonlaw.com/no-fault-regulations/11-nycrr-65-4-10/#a-2) [also relevant]: A master arbitrator may vacate or modify an award requiring the insurer to pay beyond the policy limits; under the case law such an award also exceeds the arbitrator's power on article 75 review, and the objection is not waived when first raised against confirmation. - [11 NYCRR 65-4.5 (o) (1)](https://www.beynensonlaw.com/no-fault-regulations/11-nycrr-65-4-5/#o-1) [also relevant]: The arbitrator judges the relevance and materiality of evidence, without strict rules of evidence, and may raise any issue relevant to the award; the Second Department vacates awards resting on an issue neither party raised (eligibility, standing); some Appellate Term decisions uphold them on it. ## Categories - **Award stands**: The court holds that the petitioner did not establish a CPLR 7511 ground: the award (or the master arbitrator's affirmance or vacatur of the lower award) had evidentiary support, a rational or plausible basis, was not arbitrary and capricious or contrary to settled law, and did not exceed the arbitrator's or master arbitrator's power; or that any error claimed is a mere error of law or fact that courts do not review; or that the petition fails for misconduct, bias or procedure claimed but not shown. Includes reversals of a lower court that had vacated the award, decisions upholding a master arbitrator's vacatur of the lower award as a permissible correction of an error of law, and decisions whose only ruling on the award is that it must be confirmed under CPLR 7511 (e), or that a revived award must be confirmed after a de novo action is dismissed not on the merits, or that the petition is untimely under CPLR 7511 (a) so the award stands. - **Vacated: irrational/arbitrary**: The court vacates (or modifies) the award, in whole or in part, because the arbitrator's or master arbitrator's determination lacked evidentiary support or a rational basis, was arbitrary and capricious, irrationally ignored controlling law presented to the arbitrator (First Department: e.g. IME no-show voids the policy ab initio; preservation of a fee-schedule defense by the NF-10 box; CPT Assistant), or was 'contrary to settled law', 'incorrect as a matter of law' (as the First Department said of an award that refused to consider CPT Assistant, McMahon 3323) or so irrational in its legal conclusion as to require vacatur; also an arbitrary procedural or evidentiary ruling (e.g. refusing to consider an unnotarized IME report because of CPLR 2106) and an unsupported finding underlying interest or another component of the award. The remedy (remittal for a new hearing, reinstatement of the lower award, judgment) does not matter. - **Vacated: exceeded power**: The court vacates or modifies the award (or holds it subject to vacatur) because the arbitrator (or the master arbitrator, by affirming) exceeded a specific limit on the arbitrator's power under CPLR 7511 (b) (1) (iii): deciding an issue or defense neither party raised (sua sponte), e.g. eligibility under 11 NYCRR 65-3.11 or standing when only medical necessity was contested; awarding benefits beyond the policy limits or after the policy was exhausted (Brijmohan); deciding a matter outside the arbitrator's jurisdiction; or an award that violates a strong public policy. Also the rare vacatur on another CPLR 7511 (b) ground: corruption, fraud or misconduct, partiality or an undisclosed conflict of the arbitrator, or failure to follow article 75 procedure. - **Vacated: master overstepped**: The court vacates the master arbitrator's award because the master arbitrator exceeded the review powers of 11 NYCRR 65-4.10 and Petrofsky: re-weighed the evidence or reviewed the facts de novo instead of asking whether the lower award was rational and not incorrect as a matter of law (Keegan; Fishkin), considered evidence or a defense that was not properly before the lower arbitrator (e.g. submissions the arbitrator had excluded as untimely), or otherwise acted outside master-arbitration review; typically the lower arbitrator's award is reinstated or the matter remitted. - **Remanded, undecided**: The court neither confirms nor vacates the award on a CPLR 7511 ground but holds that whether a ground exists turns on facts to be found or on a question the lower court did not reach: it orders a framed-issue hearing (typically on whether the policy limits were exhausted before the insurer became obligated to pay the claim), or remits to the lower court to decide the petition or cross-petition on the merits. ## Decisions (178) Highest court first, then department, newest first. Each entry: court and date, the category, [central] where the result turns on this question or [also decides], then a one-sentence summary written by a language model from the decision and checked by a second reading. ### Court of Appeals - [Matter of Falzone (New York Cent. Mut. Fire Ins. Co.) (2010 NY Slip Op 07417)](https://www.beynensonlaw.com/case-law/matter-of-falzone-new-york-cent-mut-fire-ins-co-2010-ny-slip-op-07417/) — Court of Appeals, 2010-10-21 — Award stands [central]: Held 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 - [Matter of American Tr. Ins. Co. v Midland Pharm. Yonkers Corp. (2026 NY Slip Op 06193)](https://www.beynensonlaw.com/case-law/matter-of-american-tr-ins-co-v-midland-pharm-yonkers-corp-2026-ny-slip-op-06193/) — Appellate Division, First Department, 2026-10-22 — Award stands [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)](https://www.beynensonlaw.com/case-law/matter-of-american-tr-ins-co-v-heyligers-2026-ny-slip-op-04363/) — Appellate Division, First Department, 2026-07-09 — Award stands [central]: Held 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)](https://www.beynensonlaw.com/case-law/matter-of-floral-park-drugs-inc-v-nationwide-gen-ins-co-2024-ny-slip-op-01114/) — Appellate Division, First Department, 2024-02-29 — Award stands [central]: Held 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)](https://www.beynensonlaw.com/case-law/matter-of-new-millennium-pain-spine-medicine-p-c-v-garrison-prop-cas-ins-co-2024-ny-slip-op-00599/) — Appellate Division, First Department, 2024-02-06 — Award stands [central]: Affirmed 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)](https://www.beynensonlaw.com/case-law/matter-of-lam-quan-md-pc-v-geico-gen-ins-co-2024-ny-slip-op-00174/) — Appellate Division, First Department, 2024-01-16 — Award stands [central]: Affirmed 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)](https://www.beynensonlaw.com/case-law/matter-of-new-millennium-pain-spine-medicine-p-c-v-progressive-cas-ins-co-2023-ny-slip-op-05369/) — Appellate Division, First Department, 2023-10-24 — Award stands [central]: Affirmed 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)](https://www.beynensonlaw.com/case-law/matter-of-american-tr-ins-co-v-smart-choice-med-p-c-2023-ny-slip-op03191/) — Appellate Division, First Department, 2023-06-13 — Vacated: irrational/arbitrary [central]: Affirmed 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)](https://www.beynensonlaw.com/case-law/matter-of-dtr-country-wide-ins-co-v-refill-rx-pharm-inc-2023-ny-slipop-00179/) — Appellate Division, First Department, 2023-01-17 — Vacated: exceeded power [central]: Affirmed 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. - [Matter of Country-Wide Ins. Co. v TC Acupuncture, P.C. (2021 NY Slip Op 01120)](https://www.beynensonlaw.com/case-law/matter-of-country-wide-ins-co-v-tc-acupuncture-p-c-2021-ny-slip-op01120/) — Appellate Division, First Department, 2021-02-18 — Award stands [central]: Reversed 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)](https://www.beynensonlaw.com/case-law/matter-of-global-liberty-ins-co-of-n-y-v-avangard-supply-inc-2020-ny-slip-op06855/) — Appellate Division, First Department, 2020-11-19 — Award stands [central]: Affirmed 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)](https://www.beynensonlaw.com/case-law/matter-of-findlay-v-mta-bus-co-2020-ny-slip-op-03611/) — Appellate Division, First Department, 2020-06-25 — Award stands [central]: Affirmed 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)](https://www.beynensonlaw.com/case-law/matter-of-global-liberty-ins-co-of-n-y-v-capital-chiropractic-p-c-2020ny-slip-op-01466/) — Appellate Division, First Department, 2020-03-03 — Vacated: irrational/arbitrary [central]: 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. - [Matter of Ameriprise Ins. Co. v Kensington Radiology Group, P.C. (2020 NY Slip Op 00500)](https://www.beynensonlaw.com/case-law/matter-of-ameriprise-ins-co-v-kensington-radiology-group-p-c-2020-nyslip-op-00500/) — Appellate Division, First Department, 2020-01-23 — Remanded, undecided [central]: Affirmed 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)](https://www.beynensonlaw.com/case-law/matter-of-global-liberty-ins-co-of-n-y-v-north-shore-family-chiropractic-pc-2019ny-slip-op-08951/) — Appellate Division, First Department, 2019-12-12 — Award stands [central]: Upheld 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)](https://www.beynensonlaw.com/case-law/matter-of-global-liberty-ins-co-of-n-y-v-top-q-inc-2019-ny-slip-op06445/) — Appellate Division, First Department, 2019-09-03 — Vacated: irrational/arbitrary [central]: Vacated 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)](https://www.beynensonlaw.com/case-law/matter-of-global-liberty-ins-co-v-mcmahon-2019-ny-slip-op-03692/) — Appellate Division, First Department, 2019-05-09 — Vacated: irrational/arbitrary [central]: Vacated 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)](https://www.beynensonlaw.com/case-law/matter-of-global-liberty-ins-co-v-medco-tech-inc-2019-ny-slip-op02167/) — Appellate Division, First Department, 2019-03-21 — Vacated: irrational/arbitrary [central]: Vacated 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)](https://www.beynensonlaw.com/case-law/matter-of-miller-v-elrac-llc-2019-ny-slip-op-01544/) — Appellate Division, First Department, 2019-03-05 — Award stands [central]: Affirmed 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)](https://www.beynensonlaw.com/case-law/matter-of-country-wide-ins-co-v-bay-needle-acupuncture-p-c-2018-ny-slip-op08238/) — Appellate Division, First Department, 2018-12-04 — Award stands [central]: Affirmed 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)](https://www.beynensonlaw.com/case-law/matter-of-country-wide-ins-co-v-bay-needle-care-acupuncture-p-c-2018-ny-slipop-03929/) — Appellate Division, First Department, 2018-06-05 — Award stands [central]: Affirmed 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)](https://www.beynensonlaw.com/case-law/matter-of-new-york-city-tr-auth-v-physical-medicine-rehab-of-ny-pc-2018-ny-slip-op-01260/) — Appellate Division, First Department, 2018-02-22 — Award stands [central]: Affirmed 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)](https://www.beynensonlaw.com/case-law/country-wide-ins-co-v-valdan-acupuncture-p-c-2017-ny-slip-op04068/) — Appellate Division, First Department, 2017-05-23 — Award stands [central]: Affirmed 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)](https://www.beynensonlaw.com/case-law/matter-of-global-liberty-ins-co-v-therapeutic-physical-therapy-p-c-2017-ny-slipop-01833/) — Appellate Division, First Department, 2017-03-15 — Vacated: irrational/arbitrary [central]: Vacated 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)](https://www.beynensonlaw.com/case-law/country-wide-ins-co-v-radiology-of-westchester-p-c-2017-ny-slip-op01461/) — Appellate Division, First Department, 2017-02-23 — Vacated: irrational/arbitrary [central]: Vacated 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)](https://www.beynensonlaw.com/case-law/matter-of-global-liberty-ins-co-v-coastal-anesthesia-servs-llc-2016-nyslip-op-08964/) — Appellate Division, First Department, 2016-12-29 — Award stands [central]: Confirmed 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)](https://www.beynensonlaw.com/case-law/matter-of-unitrin-advantage-ins-co-kemper-a-unitrin-bus-v-professionalhealth-radiology-2016-ny-slip-op-06767/) — Appellate Division, First Department, 2016-10-13 — Award stands [central]: Upheld 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)](https://www.beynensonlaw.com/case-law/matter-of-global-liberty-ins-co-v-professional-chiropractic-care-p-c-2016ny-slip-op-04156/) — Appellate Division, First Department, 2016-05-31 — Vacated: irrational/arbitrary [central]: Vacated 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)](https://www.beynensonlaw.com/case-law/encompass-ins-co-v-rockaway-family-med-care-p-c-2016-ny-slip-op01922/) — Appellate Division, First Department, 2016-03-17 — Vacated: irrational/arbitrary [central]: Affirmed 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)](https://www.beynensonlaw.com/case-law/matter-of-allstate-prop-cas-ins-co-v-new-way-massage-therapyp-c-2015-ny-slip-op-09184/) — Appellate Division, First Department, 2015-12-10 — Award stands [central]: Affirmed 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)](https://www.beynensonlaw.com/case-law/auto-one-ins-co-v-hillside-chiropractic-p-c-2015-ny-slip-op01750/) — Appellate Division, First Department, 2015-03-03 — Vacated: irrational/arbitrary [central]: Vacated 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)](https://www.beynensonlaw.com/case-law/matter-of-kane-v-fiduciary-ins-co-of-am-2014-ny-slip-op00593/) — Appellate Division, First Department, 2014-02-04 — Award stands [central]: Reinstated 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)](https://www.beynensonlaw.com/case-law/motor-veh-acc-indem-corp-v-nyc-e-w-acupuncture-p-c-2010-ny-slip-op-07111/) — Appellate Division, First Department, 2010-10-07 — Award stands [central]: Reversed 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)](https://www.beynensonlaw.com/case-law/matter-of-mvaic-v-interboro-med-care-diagnostic-pc-2010-ny-slip-op-04522/) — Appellate Division, First Department, 2010-05-27 — Vacated: irrational/arbitrary [central]: Vacated 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)](https://www.beynensonlaw.com/case-law/travelers-indem-co-v-rapid-scan-radiology-p-c-2009-ny-slip-op-02731/) — Appellate Division, First Department, 2009-04-09 — Award stands [central]: Held 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 - [American Tr. Ins. Co. v Bliss Acupuncture, P.C. (2026 NY Slip Op 06081)](https://www.beynensonlaw.com/case-law/american-tr-ins-co-v-bliss-acupuncture-p-c-2026-ny-slip-op-06081/) — Appellate Division, Second Department, 2026-10-21 — Award stands [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)](https://www.beynensonlaw.com/case-law/matter-of-nostrand-drugs-rx-inc-v-church-mut-ins-co-2026-ny-slip-op-05400/) — Appellate Division, Second Department, 2026-09-23 — Award stands [central]: Held 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)](https://www.beynensonlaw.com/case-law/matter-of-563-grand-med-p-c-v-country-wide-ins-co-2026-ny-slip-op-04291/) — Appellate Division, Second Department, 2026-07-08 — Vacated: irrational/arbitrary [central]: Held 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)](https://www.beynensonlaw.com/case-law/matter-of-563-grand-med-p-c-v-country-wide-ins-co-2026-ny-slip-op-04292/) — Appellate Division, Second Department, 2026-07-08 — Vacated: exceeded power [central]: Affirmed 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)](https://www.beynensonlaw.com/case-law/matter-of-563-grand-med-p-c-v-country-wide-ins-co-2026-ny-slip-op-04290/) — Appellate Division, Second Department, 2026-07-08 — Vacated: exceeded power [central]: Affirmed 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)](https://www.beynensonlaw.com/case-law/matter-of-american-tr-ins-co-v-sovereign-med-servs-p-c-2026-ny-slip-op-03160/) — Appellate Division, Second Department, 2026-05-20 — Award stands [central]: Reversed 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)](https://www.beynensonlaw.com/case-law/matter-of-american-tr-ins-co-v-suh-2026-ny-slip-op-03161/) — Appellate Division, Second Department, 2026-05-20 — Award stands [central]: Reversed 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)](https://www.beynensonlaw.com/case-law/matter-of-american-tr-ins-co-v-allied-bd-certified-physicians-2026-ny-slip-op-01782/) — Appellate Division, Second Department, 2026-03-25 — Award stands [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 Patient Care Assoc. (2026 NY Slip Op 01783)](https://www.beynensonlaw.com/case-law/matter-of-american-tr-ins-co-v-patient-care-assoc-2026-ny-slip-op-01783/) — Appellate Division, Second Department, 2026-03-25 — Award stands [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)](https://www.beynensonlaw.com/case-law/matter-of-american-tr-ins-co-v-atlantic-med-care-p-c-2025-ny-slip-op-07297/) — Appellate Division, Second Department, 2025-12-24 — Award stands [central]: Reversed 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)](https://www.beynensonlaw.com/case-law/matter-of-american-tr-ins-co-v-big-apple-pain-mgt-pllc-2025-ny-slip-op-05948/) — Appellate Division, Second Department, 2025-10-29 — Award stands [central]: Reversed 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)](https://www.beynensonlaw.com/case-law/matter-of-oasis-med-surgical-wellness-v-new-jersey-mfrs-ins-co-2025-ny-slip-op-05952/) — Appellate Division, Second Department, 2025-10-29 — Award stands [central]: Upheld 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)](https://www.beynensonlaw.com/case-law/matter-of-south-nassau-community-hosp-v-avis-budget-group-inc-2025-ny-slip-op-05954/) — Appellate Division, Second Department, 2025-10-29 — Award stands [central]: Upheld 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)](https://www.beynensonlaw.com/case-law/matter-of-fill-rx-ny-inc-v-lm-gen-ins-co-2025-ny-slip-op-04785/) — Appellate Division, Second Department, 2025-08-27 — Award stands [central]: Affirmed 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)](https://www.beynensonlaw.com/case-law/matter-of-advanced-orthopaedics-pllc-v-country-wide-ins-co-2022-ny-slip-op02406/) — Appellate Division, Second Department, 2022-04-13 — Vacated: irrational/arbitrary [central]: Vacated 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)](https://www.beynensonlaw.com/case-law/matter-of-v-s-care-acupuncture-p-c-v-country-wide-ins-co-2019-ny-slip-op07265/) — Appellate Division, Second Department, 2019-10-09 — Vacated: irrational/arbitrary [central]: Affirmed 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)](https://www.beynensonlaw.com/case-law/matter-of-v-s-care-acupuncture-p-c-v-country-wide-ins-co-2019-ny-slip-op07264/) — Appellate Division, Second Department, 2019-10-09 — Award stands [central]: Confirmed 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)](https://www.beynensonlaw.com/case-law/matter-of-bay-needle-care-acupuncture-v-country-wide-ins-co-2019-ny-slip-op07249/) — Appellate Division, Second Department, 2019-10-09 — Vacated: master overstepped [central]: Affirmed 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)](https://www.beynensonlaw.com/case-law/matter-of-acuhealth-acupuncture-p-c-v-country-wide-ins-co-2019-ny-slip-op07246/) — Appellate Division, Second Department, 2019-10-09 — Award stands [central]: Confirmed 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)](https://www.beynensonlaw.com/case-law/matter-of-acuhealth-acupuncture-p-c-v-country-wide-ins-co-2019-ny-slip-op07245/) — Appellate Division, Second Department, 2019-10-09 — Vacated: master overstepped [central]: Affirmed 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)](https://www.beynensonlaw.com/case-law/matter-of-bay-needle-care-acupuncture-p-c-v-country-wide-ins-co-2019-ny-slipop-07061/) — Appellate Division, Second Department, 2019-10-02 — Award stands [central]: Affirmed 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)](https://www.beynensonlaw.com/case-law/matter-of-acuhealth-acupuncture-p-c-v-new-york-city-tr-auth-2018-ny-slip-op-08641/) — Appellate Division, Second Department, 2018-12-19 — Award stands [central]: Affirmed 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)](https://www.beynensonlaw.com/case-law/matter-of-fast-care-med-diagnostics-pllc-pv-v-government-empls-ins-co-2018ny-slip-op-03831/) — Appellate Division, Second Department, 2018-05-30 — Vacated: irrational/arbitrary [central]: Upheld 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)](https://www.beynensonlaw.com/case-law/matter-of-acuhealth-acupuncture-p-c-v-country-wide-ins-co-2017-ny-slip-op02785/) — Appellate Division, Second Department, 2017-04-12 — Award stands [central]: Reinstated 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)](https://www.beynensonlaw.com/case-law/matter-of-singh-v-allstate-ins-co-2016-ny-slip-op-01855/) — Appellate Division, Second Department, 2016-03-16 — Award stands [central]: Held 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)](https://www.beynensonlaw.com/case-law/matter-of-allstate-ins-co-v-westchester-med-group-m-d-2015-ny-slip-op00876/) — Appellate Division, Second Department, 2015-02-04 — Award stands [central]: Held 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)](https://www.beynensonlaw.com/case-law/matter-of-allstate-ins-co-v-wilen-2013-ny-slip-op-07727/) — Appellate Division, Second Department, 2013-11-20 — Award stands [central]: Upheld 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)](https://www.beynensonlaw.com/case-law/matter-of-chin-v-state-farm-ins-co-2010-ny-slip-op-04186/) — Appellate Division, Second Department, 2010-05-11 — Award stands [central]: Held 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)](https://www.beynensonlaw.com/case-law/matter-of-travelers-indem-co-v-united-diagnostic-imaging-p-c-2010-ny-slip-op-01658/) — Appellate Division, Second Department, 2010-02-23 — Award stands [central]: Held 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)](https://www.beynensonlaw.com/case-law/matter-of-mercury-cas-co-v-healthmakers-med-group-p-c-2009-ny-slip-op-08826/) — Appellate Division, Second Department, 2009-11-24 — Award stands [central]: Held 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)](https://www.beynensonlaw.com/case-law/matter-of-health-endurance-med-p-c-v-deerbrook-ins-co-2007-ny-slip-op07844/) — Appellate Division, Second Department, 2007-10-16 — Vacated: exceeded power [central]: Vacated 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)](https://www.beynensonlaw.com/case-law/matter-of-lutheran-med-ctr-v-hereford-ins-co-2007-ny-slip-op-06884/) — Appellate Division, Second Department, 2007-09-18 — Vacated: irrational/arbitrary [central]: Held 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)](https://www.beynensonlaw.com/case-law/matter-of-green-v-liberty-mut-ins-co-2005-ny-slip-op-07961/) — Appellate Division, Second Department, 2005-10-24 — Award stands [central]: Affirmed 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)](https://www.beynensonlaw.com/case-law/matter-of-colon-v-geico-2005-ny-slip-op-03671/) — Appellate Division, Second Department, 2005-05-02 — Award stands [central]: Held 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 - [Matter of Mercury Cas. Co. (Patient Care Assoc.) (2015 NY Slip Op 08891)](https://www.beynensonlaw.com/case-law/matter-of-mercury-cas-co-patient-care-assoc-2015-ny-slip-op-08891/) — Appellate Division, Third Department, 2015-12-03 — Award stands [central]: Affirmed 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 - [Matter of Fishkin (Allstate Ins. Co.) (2019 NY Slip Op 08060)](https://www.beynensonlaw.com/case-law/matter-of-fishkin-allstate-ins-co-2019-ny-slip-op-08060/) — Appellate Division, Fourth Department, 2019-11-08 — Vacated: master overstepped [central]: Affirmed 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)](https://www.beynensonlaw.com/case-law/matter-of-progressive-cas-ins-co-elite-med-supply-of-n-y-llc-2018-ny-slipop-04122/) — Appellate Division, Fourth Department, 2018-06-08 — Award stands [central]: Upheld 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)](https://www.beynensonlaw.com/case-law/matter-of-gee-state-farm-mut-auto-ins-co-2013-ny-slip-op04482/) — Appellate Division, Fourth Department, 2013-06-14 — Award stands [central]: Held 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)](https://www.beynensonlaw.com/case-law/matter-of-new-york-cent-mut-fire-ins-co-v-drasgow-2004-ny-slip-op-08354/) — Appellate Division, Fourth Department, 2004-11-19 — Vacated: irrational/arbitrary [central]: Affirmed 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 - [Allstate Fire & Cas. Ins. Co. v Branch Med., P.C. (2022 NY Slip Op 50277(U))](https://www.beynensonlaw.com/case-law/allstate-fire-cas-ins-co-v-branch-med-p-c-2022-ny-slip-op50277u/) — Appellate Term, First Department, 2022-04-19 — Vacated: exceeded power [central]: Affirmed 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))](https://www.beynensonlaw.com/case-law/allstate-ins-co-v-brown-2019-ny-slip-op-51560u/) — Appellate Term, First Department, 2019-10-04 — Award stands [central]: Upheld 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))](https://www.beynensonlaw.com/case-law/hereford-ins-co-v-iconic-wellness-surgical-servs-llc-2019-ny-slip-op50801u/) — Appellate Term, First Department, 2019-05-23 — Award stands [central]: Reinstated 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))](https://www.beynensonlaw.com/case-law/allstate-ins-co-v-gandron-2019-ny-slip-op-50562u/) — Appellate Term, First Department, 2019-04-17 — Award stands [central]: Reinstated 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))](https://www.beynensonlaw.com/case-law/allstate-ins-co-v-longevity-med-supply-inc-2018-ny-slip-op-50238u/) — Appellate Term, First Department, 2018-02-22 — Award stands [central]: Upheld 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))](https://www.beynensonlaw.com/case-law/ameriprise-ins-co-v-kensington-radiology-group-p-c-2017-ny-slip-op51911u/) — Appellate Term, First Department, 2017-12-22 — Remanded, undecided [central]: Reversed 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))](https://www.beynensonlaw.com/case-law/allstate-prop-cas-ins-co-v-northeast-anesthesia-pain-mgt-2016ny-slip-op-50828u/) — Appellate Term, First Department, 2016-05-31 — Remanded, undecided [central]: Reversed 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))](https://www.beynensonlaw.com/case-law/allstate-ins-co-v-demoura-2011-ny-slip-op-50430u/) — Appellate Term, First Department, 2011-03-24 — Remanded, undecided [central]: Reversed 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. - [Preferred Med. Imaging, P.C. v Countrywide Ins. Co. (2009 NY Slip Op 52577(U))](https://www.beynensonlaw.com/case-law/preferred-med-imaging-p-c-v-countrywide-ins-co-2009-ny-slip-op52577u/) — Appellate Term, First Department, 2009-12-18 — Vacated: irrational/arbitrary [central]: Upheld vacatur of the award because the arbitrator's conclusion, sustained by the master arbitrator, that the provider had to establish medical necessity was contrary to settled law and lacked a reasonable hypothesis. ### Appellate Term, Second Department - [Wellness Diagnostic Imaging, P.C. v American Tr. Ins. Co. (2025 NY Slip Op 50628(U))](https://www.beynensonlaw.com/case-law/wellness-diagnostic-imaging-p-c-v-american-tr-ins-co-2025-ny-slip-op50628u/) — Appellate Term, Second Department, 2025-04-10 — Award stands [central]: Found 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))](https://www.beynensonlaw.com/case-law/ola-v-american-family-connect-ins-co-2024-ny-slip-op-51804u/) — Appellate Term, Second Department, 2024-11-15 — Vacated: irrational/arbitrary [central]: Affirmed 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))](https://www.beynensonlaw.com/case-law/advanced-recovery-equip-supplies-llc-v-tri-state-consumer-ins-co-2023-ny-slip-op-51239u-2/) — Appellate Term, Second Department, 2023-10-05 — Vacated: irrational/arbitrary [central]: Affirmed 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))](https://www.beynensonlaw.com/case-law/matter-of-advanced-orthopaedics-pllc-v-unitrin-advantage-ins-co-2020-ny-slipop-51017u/) — Appellate Term, Second Department, 2020-08-27 — Award stands [central]: Upheld 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))](https://www.beynensonlaw.com/case-law/matter-of-metro-pain-specialist-p-c-v-country-wide-ins-co-2020-ny-slip-op50014u/) — Appellate Term, Second Department, 2020-01-02 — Vacated: master overstepped [central]: Affirmed 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))](https://www.beynensonlaw.com/case-law/kanter-physical-medicine-rehab-p-c-geico-ins-co-2019-ny-slip-op51175u/) — Appellate Term, Second Department, 2019-07-12 — Award stands [central]: Found 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))](https://www.beynensonlaw.com/case-law/essential-health-chiropractic-p-c-v-geico-ins-co-2017-ny-slip-op51080u/) — Appellate Term, Second Department, 2017-08-17 — Award stands [central]: Affirmed 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))](https://www.beynensonlaw.com/case-law/essential-health-chiropractic-p-c-v-geico-ins-co-2017-ny-slip-op51079u/) — Appellate Term, Second Department, 2017-08-17 — Award stands [central]: Affirmed 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 51078(U))](https://www.beynensonlaw.com/case-law/essential-health-chiropractic-p-c-v-geico-ins-co-2017-ny-slip-op51078u/) — Appellate Term, Second Department, 2017-08-17 — Award stands [central]: Affirmed 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 51077(U))](https://www.beynensonlaw.com/case-law/essential-health-chiropractic-p-c-v-geico-ins-co-2017-ny-slip-op51077u/) — Appellate Term, Second Department, 2017-08-17 — Award stands [central]: Affirmed 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. - [Matter of Global Liberty Ins. Co. v Lenox Hill Radiology & Med. Imaging Assoc. P.C. (2016 NY Slip Op 51792(U))](https://www.beynensonlaw.com/case-law/matter-of-global-liberty-ins-co-v-lenox-hill-radiology-med-imagingassoc-p-c-2016-ny-slip-op-51792u/) — Appellate Term, Second Department, 2016-12-07 — Award stands [central]: Affirmed the denial of the insurer's petition and the confirmation of the master award for the provider, because the master arbitrator's determination had a rational basis and was not contrary to settled law. - [Golden Earth Chiropractic & Acupuncture, PLLC v Global Liberty Ins. Co. of N.Y. (2016 NY Slip Op 26395)](https://www.beynensonlaw.com/case-law/golden-earth-chiropractic-acupuncture-pllc-v-global-liberty-ins-co-of-n-y-2016-ny-slip-op-26395/) — Appellate Term, Second Department, 2016-11-25 — Award stands [central]: Reinstated the master arbitrator's vacatur of the provider's award, holding the master arbitrator rationally corrected a legal error about the IME letters' wording rather than reweighing facts, so did not exceed his power. - [Walton Med. Care, P.C. v Travelers Ins. Co. (2011 NY Slip Op 51850(U))](https://www.beynensonlaw.com/case-law/walton-med-care-p-c-v-travelers-ins-co-2011-ny-slip-op-51850u/) — Appellate Term, Second Department, 2011-10-12 — Award stands [central]: Held the master arbitrator's affirmance of the denial of the provider's claim had a rational basis and was not arbitrary, capricious or contrary to settled law, so the petition was denied and the award had to be confirmed. - [L & b Med., P.C. v Eveready Ins. Co. (2010 NY Slip Op 51725(U))](https://www.beynensonlaw.com/case-law/l-b-med-p-c-v-eveready-ins-co-2010-ny-slip-op-51725u/) — Appellate Term, Second Department, 2010-10-01 — Award stands [central]: Held the insurer showed no CPLR 7511 ground because the master arbitrator's affirmance of the award had evidentiary support and a rational basis and was not arbitrary and capricious, so the petition was properly denied. - [All for Happy Smiles Dental, P.C. v American Tr. Ins. Co. (2010 NY Slip Op 51178(U))](https://www.beynensonlaw.com/case-law/all-for-happy-smiles-dental-p-c-v-american-tr-ins-co-2010-ny-slip-op51178u/) — Appellate Term, Second Department, 2010-07-07 — Award stands [also decides]: Affirmed denial of the provider's petition to vacate the master arbitrator's award upholding denial of its claim, for the reasons stated in three earlier Appellate Term decisions on the same facts. - [Barry Rubin, M.D., P.C. v Met Life Auto & Home Ins. Co. (2010 NY Slip Op 50223(U))](https://www.beynensonlaw.com/case-law/barry-rubin-m-d-p-c-v-met-life-auto-home-ins-co-2010-ny-slip-op50223u/) — Appellate Term, Second Department, 2010-02-05 — Award stands [central]: Applying the compulsory-arbitration standard of evidentiary support and absence of arbitrariness, found no basis to vacate the arbitrator's denial of the claim or the master arbitrator's affirmance, so both awards were properly confirmed. - [563 Grand Med., P.C. v Nationwide Ins. Co. (2009 NY Slip Op 51493(U))](https://www.beynensonlaw.com/case-law/563-grand-med-p-c-v-nationwide-ins-co-2009-ny-slip-op-51493u/) — Appellate Term, Second Department, 2009-07-09 — Award stands [also decides]: Upheld denial of the provider's petition to vacate the master arbitrator's award because its only supporting paper, an attorney's unaffirmed 'affirmation', was insufficient on its face, so the award stood. - [Linden Med., P.C. v MVAIC (2008 NY Slip Op 52188(U))](https://www.beynensonlaw.com/case-law/linden-med-p-c-v-mvaic-2008-ny-slip-op-52188u/) — Appellate Term, Second Department, 2008-11-05 — Vacated: irrational/arbitrary [central]: Vacated both awards as contrary to settled law because the arbitrator applied a six-year limitations period when the three-year period of CPLR 214 (2) barred the untimely arbitration claim against MVAIC. - [Avanessov v State-Wide Ins. Co. (2008 NY Slip Op 52131(U))](https://www.beynensonlaw.com/case-law/avanessov-v-state-wide-ins-co-2008-ny-slip-op-52131u/) — Appellate Term, Second Department, 2008-10-27 — Award stands [also decides]: Reversed vacatur and directed confirmation of the master arbitrator's award because the provider's only supporting paper was not affirmed under penalty of perjury and thus could not support any relief. - [SP Med., P.C. v Country-Wide Ins. Co. (2008 NY Slip Op 51230(U))](https://www.beynensonlaw.com/case-law/sp-med-p-c-v-country-wide-ins-co-2008-ny-slip-op-51230u/) — Appellate Term, Second Department, 2008-06-12 — Award stands [also decides]: Reversed vacatur of the master arbitrator's award and denied the petition because the provider's attorney 'affirmation' was not affirmed under penalty of perjury and identified no attorney, so the petition was insufficient. - [101 Acupuncture, P.C. v State Farm Mut. Auto. Ins. Co. (2008 NY Slip Op 51118(U))](https://www.beynensonlaw.com/case-law/101-acupuncture-p-c-v-state-farm-mut-auto-ins-co-2008-ny-slip-op51118u/) — Appellate Term, Second Department, 2008-05-28 — Award stands [central]: Held the master arbitrator's affirmance of the award denying the provider's claim had a rational basis and was not arbitrary and capricious, so vacatur was denied and the award confirmed. - [L.I. Community Med., P.C. v Allstate Ins. Co. (2008 NY Slip Op 51034(U))](https://www.beynensonlaw.com/case-law/l-i-community-med-p-c-v-allstate-ins-co-2008-ny-slip-op-51034u/) — Appellate Term, Second Department, 2008-05-01 — Award stands [central]: Held the master arbitrator's affirmance of an award denying the claim for lack of standing had a rational basis and was not arbitrary, so vacatur was properly denied and the award had to be confirmed under CPLR 7511 (e). - [R.J. Professional Acupuncturist, P.C. v NY Cent. Mut. Fire Ins. Co. (2008 NY Slip Op 52729(U))](https://www.beynensonlaw.com/case-law/r-j-professional-acupuncturist-p-c-v-ny-cent-mut-fire-ins-co-2008-nyslip-op52729u/) — Appellate Term, Second Department, 2008-04-29 — Award stands [central]: Held the master arbitrator's affirmance denying acupuncture fee claims had a rational basis because no settled appellate law on reducing acupuncturists' fees existed at the time, so the award was confirmed under CPLR 7511 (e). - [Rj Professional Acupuncturist, P.C. v MVAIC (2008 NY Slip Op 51472(U))](https://www.beynensonlaw.com/case-law/rj-professional-acupuncturist-p-c-v-mvaic-2008-ny-slip-op-51472u/) — Appellate Term, Second Department, 2008-04-29 — Vacated: irrational/arbitrary [central]: Vacated both awards as contrary to settled law because MVAIC's verification request, made over a year after receiving the claims, did not toll the 30-day period, so the claims were not premature; remitted for a merits determination. - [R.J. Professional Acupuncturist, P.C. v Travelers Prop. Cas. Ins. Co. (2008 NY Slip Op 50541(U))](https://www.beynensonlaw.com/case-law/r-j-professional-acupuncturist-p-c-v-travelers-prop-cas-ins-co-2008-ny-slip-op50541u/) — Appellate Term, Second Department, 2008-03-13 — Vacated: irrational/arbitrary [central]: Vacated both the master arbitrator's and arbitrator's awards as irrational and contrary to settled law because the arbitrator required additional evidence substantiating the bills beyond proof of a complete claim and overdue payment. - [Metropolitan Radiological Imaging, P.C. v Country-Wide Ins. Co. (2008 NY Slip Op 50539(U))](https://www.beynensonlaw.com/case-law/metropolitan-radiological-imaging-p-c-v-country-wide-ins-co-2008-ny-slip-op50539u/) — Appellate Term, Second Department, 2008-03-13 — Vacated: irrational/arbitrary [central]: Upheld vacatur because the master arbitrator irrationally affirmed an award, contrary to settled law, that the provider failed its prima facie showing by not proving the medical necessity of the services. - [563 Grand Med., P.C. v Progressive Northeastern Ins. Co. (2008 NY Slip Op 50090(U))](https://www.beynensonlaw.com/case-law/563-grand-med-p-c-v-progressive-northeastern-ins-co-2008-ny-slip-op50090u/) — Appellate Term, Second Department, 2008-01-08 — Award stands [central]: Held the master arbitrator's determination not irrational because the arbitrator may raise any relevant issue and rationally found the provider might be billing for an independent contractor's work, so the award was confirmed. - [Queens Community Med., P.C. v Motor Veh. Acc. Indem. Corp. (2008 NY Slip Op 50089(U))](https://www.beynensonlaw.com/case-law/queens-community-med-p-c-v-motor-veh-acc-indem-corp-2008-ny-slip-op-50089u/) — Appellate Term, Second Department, 2008-01-08 — Award stands [central]: Reversed vacatur because the arbitrator may raise any relevant issue and rationally found no prima facie showing of medical necessity, and the record lacked the denials needed to show reliance on a precluded defense. - [SP Med., P.C. v General Assur. Co. (2007 NY Slip Op 52452(U))](https://www.beynensonlaw.com/case-law/sp-med-p-c-v-general-assur-co-2007-ny-slip-op-52452u/) — Appellate Term, Second Department, 2007-12-27 — Award stands [central]: Held the master arbitrator's affirmance of the award denying the provider's claim had a rational basis, so the petition to vacate was properly denied and the award confirmed. - [Better Health Med., PLLC v Empire/Allcity Ins. Co. (2007 NY Slip Op 52286(U))](https://www.beynensonlaw.com/case-law/better-health-med-pllc-v-empire-allcity-ins-co-2007-ny-slip-op52286u/) — Appellate Term, Second Department, 2007-11-21 — Award stands [central]: Held the master arbitrator's affirmance of the award denying the provider's claim had a rational basis, so vacatur was properly denied and the award had to be confirmed under CPLR 7511 (e). - [Alpha Healthcare Plus Med., P.C. v Allstate Ins. Co. (2007 NY Slip Op 52037(U))](https://www.beynensonlaw.com/case-law/alpha-healthcare-plus-med-p-c-v-allstate-ins-co-2007-ny-slip-op52037u/) — Appellate Term, Second Department, 2007-10-19 — Award stands [central]: Held the master arbitrator's affirmance of the award denying the provider's claims had a rational basis, so vacatur was properly denied and the award had to be confirmed under CPLR 7511 (e). - [Superior Med. Equip. & Supply, Inc. v Country-Wide Ins. Co. (2007 NY Slip Op 51993(U))](https://www.beynensonlaw.com/case-law/superior-med-equip-supply-inc-v-country-wide-ins-co-2007-ny-slip-op51993u/) — Appellate Term, Second Department, 2007-10-10 — Award stands [central]: Held the master arbitrator's affirmance of the award denying the supplier's claim had a rational basis, so vacatur was properly denied and the award had to be confirmed under CPLR 7511 (e). - [RJ Professional Acupuncturist, P.C. v Allstate Ins. Co. (2007 NY Slip Op 51975(U))](https://www.beynensonlaw.com/case-law/rj-professional-acupuncturist-p-c-v-allstate-ins-co-2007-ny-slip-op51975u/) — Appellate Term, Second Department, 2007-10-03 — Award stands [central]: Held the master arbitrator's affirmance of the award denying the provider's claims had a rational basis, so vacatur was properly denied and the award had to be confirmed under CPLR 7511 (e). - [Better Health Med., PLLC v Empire/Allcity Ins. Co. (2007 NY Slip Op 51980(U))](https://www.beynensonlaw.com/case-law/better-health-med-pllc-v-empire-allcity-ins-co-2007-ny-slip-op51980u/) — Appellate Term, Second Department, 2007-09-04 — Award stands [central]: Held the master arbitrator's affirmance of the award denying the provider's claim had a rational basis, so vacatur was properly denied and the award had to be confirmed under CPLR 7511 (e). - [Better Health Med., PLLC v Empire/Allcity Ins. Co. (2007 NY Slip Op 51979(U))](https://www.beynensonlaw.com/case-law/better-health-med-pllc-v-empire-allcity-ins-co-2007-ny-slip-op51979u/) — Appellate Term, Second Department, 2007-09-04 — Award stands [central]: Held the master arbitrator's affirmance of the award denying the provider's claim had a rational basis, so vacatur was properly denied and the award had to be confirmed under CPLR 7511 (e). - [S.P. Med. Ctr. v Allstate Ins. Co. (2007 NY Slip Op 51978(U))](https://www.beynensonlaw.com/case-law/s-p-med-ctr-v-allstate-ins-co-2007-ny-slip-op-51978u/) — Appellate Term, Second Department, 2007-09-04 — Award stands [central]: Held the master arbitrator's affirmance of the award denying the provider's claims had a rational basis, so vacatur was properly denied and the award had to be confirmed under CPLR 7511 (e). - [RJ Professional Acupuncturist, P.C. v Allstate Ins. Co. (2007 NY Slip Op 51605(U))](https://www.beynensonlaw.com/case-law/rj-professional-acupuncturist-p-c-v-allstate-ins-co-2007-ny-slip-op-51605u/) — Appellate Term, Second Department, 2007-08-16 — Award stands [central]: Held the master arbitrator's affirmance of the award denying the provider's claims had a rational basis, so vacatur was properly denied and the award had to be confirmed under CPLR 7511 (e). - [101 Acupuncture, P.C. v Utica Mut. Ins. Co. (2007 NY Slip Op 51488(U))](https://www.beynensonlaw.com/case-law/101-acupuncture-p-c-v-utica-mut-ins-co-2007-ny-slip-op-51488u/) — Appellate Term, Second Department, 2007-07-12 — Award stands [central]: Held the master arbitrator's affirmance had a rational basis, since mere errors of law do not warrant vacatur and only irrational determinations may be set aside, so the timely petition was denied and the award confirmed. - [Diamond Chiropractic, P.C. v Utica Mut. Ins. Co. (2007 NY Slip Op 51286(U))](https://www.beynensonlaw.com/case-law/diamond-chiropractic-p-c-v-utica-mut-ins-co-2007-ny-slip-op-51286u/) — Appellate Term, Second Department, 2007-06-25 — Award stands [central]: Held the master arbitrator's affirmance of the award denying the provider's claims had a rational basis, so the timely petition to vacate was properly denied and the award had to be confirmed under CPLR 7511 (e). - [Alternative Health Care of N.Y. v Progressive Ins. Co. (2007 NY Slip Op 50379(U))](https://www.beynensonlaw.com/case-law/alternative-health-care-of-n-y-v-progressive-ins-co-2007-ny-slip-op-50379u/) — Appellate Term, Second Department, 2007-02-27 — Award stands [central]: Held the master arbitrator's affirmance of the award denying the provider's claims had a rational basis, so vacatur was properly denied and the award had to be confirmed under CPLR 7511 (e). - [Superior Med. Equip. v Hudson Ins. Co. (2007 NY Slip Op 50411(U))](https://www.beynensonlaw.com/case-law/superior-med-equip-v-hudson-ins-co-2007-ny-slip-op-50411u/) — Appellate Term, Second Department, 2007-02-26 — Award stands [central]: Held the master arbitrator's affirmance of the award denying the supplier's claims had a rational basis, so vacatur was properly denied and the award had to be confirmed under CPLR 7511 (e). - [563 Grand Med., P.C. v State-Wide Ins. Co. (2007 NY Slip Op 50362(U))](https://www.beynensonlaw.com/case-law/563-grand-med-p-c-v-state-wide-ins-co-2007-ny-slip-op-50362u/) — Appellate Term, Second Department, 2007-02-26 — Award stands [central]: Held the master arbitrator's affirmance of the award denying the provider's claim had a rational basis, so vacatur was properly denied and the award had to be confirmed under CPLR 7511 (e). - [Avenue N Med., P.C. v New York Cent. Mut. Fire Ins. Co. (2006 NY Slip Op 52549(U))](https://www.beynensonlaw.com/case-law/avenue-n-med-p-c-v-new-york-cent-mut-fire-ins-co-2006-ny-slip-op-52549u/) — Appellate Term, Second Department, 2006-12-11 — Award stands [central]: Held the master arbitrator's affirmance of the award denying the provider's claim had a rational basis, so vacatur was properly denied and the award had to be confirmed under CPLR 7511 (e). - [RJ Professional Acupuncturist P.C. v Geico Ins. Co. (2006 NY Slip Op 52255(U))](https://www.beynensonlaw.com/case-law/rj-professional-acupuncturist-p-c-v-geico-ins-co-2006-ny-slip-op-52255u/) — Appellate Term, Second Department, 2006-11-15 — Award stands [central]: Held the master arbitrator's affirmance of the award denying the provider's claims had a rational basis, so vacatur was properly denied and the award had to be confirmed under CPLR 7511 (e). - [Matter of Hudson Med. P.C. v MVAIC (2006 NY Slip Op 52248(U))](https://www.beynensonlaw.com/case-law/matter-of-hudson-med-p-c-v-mvaic-2006-ny-slip-op-52248u/) — Appellate Term, Second Department, 2006-11-09 — Award stands [central]: Held the master arbitrator's affirmance of the arbitrator's interest calculation had a rational basis, so vacatur was properly denied and the award had to be confirmed under CPLR 7511 (e). - [New York Neurology Assoc., P.C. v Travelers Indem. Co. (2004 NY Slip Op 51495(U))](https://www.beynensonlaw.com/case-law/new-york-neurology-assoc-p-c-v-travelers-indem-co-2004-ny-slip-op-51495u/) — Appellate Term, Second Department, 2004-12-01 — Award stands [central]: Held the provider failed to show any CPLR 7511 (b) ground to vacate the master arbitrator's award affirming denial of its claim for lack of medical necessity, so denial of the petition was affirmed. ### Trial courts in the First Department - [American Tr. Ins. Co. v Brooklyn Med. Practice, PC (2025 NY Slip Op 50897(U) (86 Misc 3d 1208(A)))](https://www.beynensonlaw.com/case-law/american-tr-ins-co-v-brooklyn-med-practice-pc-2025-ny-slip-op-50897u-86-misc-3d-1208a/) — Supreme Court, New York County, 2025-05-22 — Award stands [central]: Denied 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))](https://www.beynensonlaw.com/case-law/american-tr-ins-co-v-excell-clinical-lab-2024-ny-slip-op50820u/) — Civil Court of the City of New York, New York County, 2024-06-28 — Award stands [central]: Denied 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))](https://www.beynensonlaw.com/case-law/american-tr-ins-co-v-mark-s-mcmahon-md-p-c-2022-ny-slip-op50716u/) — Civil Court of the City of New York, New York County, 2022-08-05 — Award stands [central]: Denied 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))](https://www.beynensonlaw.com/case-law/matter-of-hereford-ins-co-v-corona-med-pc-2021-ny-slip-op-50991u/) — Civil Court of the City of New York, New York County, 2021-10-20 — Vacated: irrational/arbitrary [central]: Vacated 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))](https://www.beynensonlaw.com/case-law/maidstone-ins-co-v-medical-records-retrieval-inc-2018-ny-slip-op50556u/) — Supreme Court, Bronx County, 2018-04-04 — Award stands [central]: Denied 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))](https://www.beynensonlaw.com/case-law/matter-of-global-liberty-ins-co-v-professional-chiropractic-care-p-c-2015ny-slip-op-50936u/) — Supreme Court, Bronx County, 2015-06-22 — Award stands [central]: Denied 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))](https://www.beynensonlaw.com/case-law/country-wide-ins-co-v-new-century-acupuncture-p-c-2015-ny-slip-op50636u/) — Civil Court of the City of New York, New York County, 2015-04-01 — Vacated: exceeded power [central]: Vacated 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)](https://www.beynensonlaw.com/case-law/canarsie-med-health-p-c-v-national-grange-mut-ins-co-2008-ny-slip-op-28380/) — Supreme Court, New York County, 2008-09-17 — Award stands [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). - [Better Health Med. PLLC v Empire/Allcity Ins. Co. (2006 NY Slip Op 50571(U))](https://www.beynensonlaw.com/case-law/better-health-med-pllc-v-empire-allcity-ins-co-2006-ny-slip-op-50571u/) — Civil Court of the City of New York, New York County, 2006-03-31 — Award stands [central]: Dismissed the provider's petition because the arbitrators' denial, resting on adverse inferences from the principal's refusal to testify and the corporation's dissolution after a fraud plea, had a rational basis and was not incorrect as a matter of law. - [American Ind. Ins. v Heights Chiropractic Care, P.C. (2006 NY Slip Op 26096)](https://www.beynensonlaw.com/case-law/american-ind-ins-v-heights-chiropractic-care-p-c-2006-ny-slip-op-26096/) — Supreme Court, New York County, 2006-01-17 — Vacated: exceeded power [central]: Vacated the no-fault award under CPLR 7511 (b) (1) (iii) because the arbitral forum lacked jurisdiction over the out-of-state insurer, which was not amenable to New York no-fault arbitration; no master arbitration appeal was required for a jurisdictional challenge. - [American Ind. Ins. v Gerard Ave. Med. P.C. (2005 NY Slip Op 52302(U))](https://www.beynensonlaw.com/case-law/american-ind-ins-v-gerard-ave-med-p-c-2005-ny-slip-op-52302u/) — Supreme Court, Bronx County, 2005-12-31 — Award stands [central]: Denied the out-of-state insurer's petition to vacate because, absent facts on the vehicle's registration and the policy's terms, it failed to show the arbitrator lacked power to award benefits under CPLR 7511 (b) (1) (iii). ### Trial courts in the Second Department - [ENS Med., P.C. v Nationwide Ins. Co. (2026 NY Slip Op 26033)](https://www.beynensonlaw.com/case-law/ens-med-p-c-v-nationwide-ins-co-2026-ny-slip-op-26033/) — Supreme Court, Kings County, 2026-02-13 — Award stands [central]: Confirmed 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))](https://www.beynensonlaw.com/case-law/community-med-imaging-p-c-v-american-tr-ins-co-2024-ny-slip-op-50301u/) — Supreme Court, Kings County, 2024-03-21 — Award stands [central]: Held 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))](https://www.beynensonlaw.com/case-law/time-to-care-pharm-inc-v-american-tr-ins-co-2024-ny-slip-op-50126u/) — District Court of Suffolk County, Second District, 2024-01-17 — Award stands [central]: Confirmed 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)](https://www.beynensonlaw.com/case-law/john-t-mather-mem-hosp-v-american-tr-ins-co-2024-ny-slip-op-24009/) — Supreme Court, Kings County, 2024-01-12 — Award stands [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))](https://www.beynensonlaw.com/case-law/american-tr-ins-co-v-trinity-pain-mgt-of-staten-is-pllc-2023-ny-slip-op-51337u/) — Supreme Court, Kings County, 2023-12-08 — Award stands [central]: Held 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))](https://www.beynensonlaw.com/case-law/vitaliti-v-new-york-city-tr-auth-2023-ny-slip-op-51156u/) — Supreme Court, Kings County, 2023-09-29 — Award stands [central]: Denied 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))](https://www.beynensonlaw.com/case-law/american-tr-ins-co-v-nexray-med-imaging-pc-2023-ny-slip-op50953u/) — Supreme Court, Kings County, 2023-09-08 — Award stands [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))](https://www.beynensonlaw.com/case-law/american-tr-ins-co-v-pda-ny-chiropractic-p-c-2023-ny-slip-op50938u/) — Supreme Court, Kings County, 2023-09-01 — Vacated: irrational/arbitrary [central]: Vacated 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. - [American Tr. Ins. Co. v Rutland Med., PC (2023 NY Slip Op 50814(U))](https://www.beynensonlaw.com/case-law/american-tr-ins-co-v-rutland-med-pc-2023-ny-slip-op50814u/) — Supreme Court, Kings County, 2023-08-04 — Award stands [central]: Denied vacatur and confirmed the master award because affirming the medical-necessity award was not irrational: the arbitrator could accept clinical findings without a formal rebuttal, and the master arbitrator's silence on the legal issue left a final, definite award. - [American Tr. Ins. Co. v U.S. Med Supply Corp. (2023 NY Slip Op 50560(U))](https://www.beynensonlaw.com/case-law/american-tr-ins-co-v-u-s-med-supply-corp-2023-ny-slip-op50560u/) — Supreme Court, Kings County, 2023-06-09 — Award stands [central]: Denied the insurer's petition and confirmed the master award because the arbitrator rationally applied collateral estoppel from a prior award finding the surgery necessary, and the master arbitrator properly limited review to errors of law and rationality. - [American Tr. Ins. Co. v Nexray Med. Imaging PC (2023 NY Slip Op50538(U))](https://www.beynensonlaw.com/case-law/american-tr-ins-co-v-nexray-med-imaging-pc-2023-ny-slip-op50538u/) — Supreme Court, Kings County, 2023-05-28 — Award stands [central]: Denied the insurer's petition and confirmed the master award, because the arbitrator correctly precluded the medical-necessity defense raised in denials issued months after verification was complete, so the affirmance was not irrational. - [American Tr. Ins. Co. v Ortho City Servs. Inc. (2023 NY Slip Op 50527(U))](https://www.beynensonlaw.com/case-law/american-tr-ins-co-v-ortho-city-servs-inc-2023-ny-slip-op50527u/) — Supreme Court, Kings County, 2023-05-28 — Award stands [central]: Denied the insurer's unopposed petition and confirmed the master award because the petition, attacking a medical-necessity finding when the denials asserted only lack of causation, made no prima facie showing of any CPLR 7511 ground. - [American Tr. Ins. Co. v NextStep Healing, Inc. (2023 NY Slip Op 50521(U))](https://www.beynensonlaw.com/case-law/american-tr-ins-co-v-nextstep-healing-inc-2023-ny-slip-op50521u/) — Supreme Court, Kings County, 2023-05-28 — Award stands [central]: Held the insurer's unopposed petition stated no prima facie ground for vacatur because its medical-necessity defense was never presented to the hearing arbitrator and its EUO defense was not raised before the master arbitrator, and the rejection of the EUO defense was rational. - [American Tr. Ins. Co. v Nexray Med. Imaging PC (2023 NY Slip Op 50506(U))](https://www.beynensonlaw.com/case-law/american-tr-ins-co-v-nexray-med-imaging-pc-2023-ny-slip-op50506u/) — Supreme Court, Kings County, 2023-05-25 — Award stands [central]: Held the master award affirming the provider's award rational because the insurer's founded-belief causation defense rested only on an unspecified EUO transcript, so the arbitrator's factual finding was not reviewable error; petition dismissed and award confirmed. - [American Tr. Ins. Co. v North Shore Family Chiropractic PC (2023 NY Slip Op 50208(U))](https://www.beynensonlaw.com/case-law/american-tr-ins-co-v-north-shore-family-chiropractic-pc-2023-ny-slipop-50208u/) — Supreme Court, Kings County, 2023-03-20 — Award stands [central]: Denied the insurer's petition and confirmed the master award because the arbitrator correctly applied the law and the master arbitrator rationally upheld his factual finding, which courts do not review, and no CPLR 7511 ground was shown. - [American Tr. Ins. Co. v Marta Med. Supply, Corp (2023 NY Slip Op 50513(U))](https://www.beynensonlaw.com/case-law/american-tr-ins-co-v-marta-med-supply-corp-2023-ny-slip-op50513u/) — Supreme Court, Kings County, 2023-03-14 — Award stands [central]: Held the insurer's unopposed petition failed to show the awards were arbitrary or capricious, since the arbitrator rationally found its biomechanical causation and medical-necessity evidence insufficient and the master arbitrator properly affirmed. - [American Tr. Ins. Co. v Right Choice Supply, Inc. (2023 NY Slip Op 23039)](https://www.beynensonlaw.com/case-law/american-tr-ins-co-v-right-choice-supply-inc-2023-ny-slip-op-23039/) — Supreme Court, Kings County, 2023-02-09 — Award stands [central]: Confirmed the master arbitrator's affirmance because a hearing arbitrator need not follow the summary-judgment rebuttal rule for peer reviews, so the award was not incorrect as a matter of law and the factual review was rational. - [Matter of Spartan Med. Supply v Liberty Mut. Ins. Co. (2019 NY Slip Op 50862(U))](https://www.beynensonlaw.com/case-law/matter-of-spartan-med-supply-v-liberty-mut-ins-co-2019-ny-slip-op50862u/) — District Court of Nassau County, 2019-06-03 — Award stands [central]: Denied the provider's petition and confirmed the master award, because following Harmonic over Alleviation on the departmental split over exhaustion and priority was not irrational and the master arbitrator did not exceed his authority. - [USAA Gen. Indem. Co. v New York Chiropractic & Physical Therapy, PLLC (2018 NY Slip Op 28133)](https://www.beynensonlaw.com/case-law/usaa-gen-indem-co-v-new-york-chiropractic-physical-therapy-pllc-2018-ny-slip-op-28133/) — Civil Court of the City of New York, Richmond County, 2018-05-01 — Vacated: exceeded power [central]: Vacated the master arbitration award because holding the fee-schedule defense waived for lack of a timely verification request ignored the 2013 amendment, and upholding it would violate a strong public policy. - [Shirom Acupuncture, P.C. v Country-wide Ins. Co. (2017 NY Slip Op 51412(U))](https://www.beynensonlaw.com/case-law/shirom-acupuncture-p-c-v-country-wide-ins-co-2017-ny-slip-op51412u/) — District Court of Suffolk County, Third District, 2017-10-16 — Vacated: master overstepped [central]: Vacated the part of the master award that set aside the provider's award and remanded for the Mallela defense, because the lower award had a rational basis and arbitrators need not state their reasons. - [Acuhealth Acupuncture, P.C. v New York City Tr. Auth. (2016 NY Slip Op 50297(U))](https://www.beynensonlaw.com/case-law/acuhealth-acupuncture-p-c-v-new-york-city-tr-auth-2016-ny-slip-op-50297u/) — Supreme Court, Kings County, 2016-03-01 — Award stands [central]: Denied vacatur and confirmed the master award because the provider's claim that the arbitrator ignored the priority-of-payment rule was unreviewable legal error and a reasonable hypothesis supported refusing an award beyond the exhausted limits. - [Acuhealth Acupuncture, PC v Country-Wide Ins. Co. (2015 NY Slip Op 51256(U))](https://www.beynensonlaw.com/case-law/acuhealth-acupuncture-pc-v-country-wide-ins-co-2015-ny-slip-op51256u/) — Supreme Court, Kings County, 2015-07-24 — Award stands [central]: Confirmed the master award affirming dismissal without prejudice because the arbitrator could subpoena the owner on his own initiative, could dismiss without prejudice, and his fraudulent-incorporation findings were rational; claimed errors of law do not warrant vacatur. - [Matter of New Century Acupuncture P.C. v Country Wide Ins. Co. (2015 NY Slip Op 50919(U))](https://www.beynensonlaw.com/case-law/matter-of-new-century-acupuncture-p-c-v-country-wide-ins-co-2015-nyslip-op-50919u/) — District Court of Suffolk County, Third District, 2015-06-18 — Award stands [central]: Confirmed the master award because the record supported the fraudulent-incorporation defense, applying a preponderance standard was not a ground for vacatur, and the master arbitrator reviewed the EUO issue without deciding it de novo. - [Matter of Boro Chiropractic P.C. v State Farm Fire & Cas. Co. (2013 NY Slip Op 50791(U))](https://www.beynensonlaw.com/case-law/matter-of-boro-chiropractic-p-c-v-state-farm-fire-cas-co-2013-ny-slip-op-50791u/) — Civil Court of the City of New York, Kings County, 2013-05-17 — Vacated: irrational/arbitrary [central]: Vacated the master arbitrator's award and reinstated the lower award because the master arbitrator shifted the burden of proving EUO attendance to the provider, contrary to settled law placing that burden on the insurer. - [Allstate Ins. Co. v Natural Healing Acupuncture, P.C. (2013 NY Slip Op 50645(U))](https://www.beynensonlaw.com/case-law/allstate-ins-co-v-natural-healing-acupuncture-p-c-2013-ny-slip-op50645u/) — Civil Court of the City of New York, Kings County, 2013-04-03 — Vacated: irrational/arbitrary [central]: Vacated the master arbitrator's affirmance because upholding an acupuncture fee award based on a proposed fee-schedule amendment, contrary to controlling appellate precedent, was arbitrary and contrary to settled law; directed recalculation under the chiropractor schedule. - [MVAIC v Stand-Up MRI of Manhattan, P.C. (2011 NY Slip Op 51187(U))](https://www.beynensonlaw.com/case-law/mvaic-v-stand-up-mri-of-manhattan-p-c-2011-ny-slip-op-51187u/) — Supreme Court, Queens County, 2011-06-29 — Award stands [central]: Denied vacatur and confirmed the award because the finding that the payer had to pay or deny once told the doctor would not write a medical-necessity letter had ample evidentiary support and was not irrational or incorrect as a matter of law. - [Matter of NY Med. Health P.C. v New York City Tr. Auth. (2009 NY Slip Op 51526(U))](https://www.beynensonlaw.com/case-law/matter-of-ny-med-health-p-c-v-new-york-city-tr-auth-2009-ny-slip-op-51526u/) — Civil Court of the City of New York, Kings County, 2009-07-13 — Award stands [central]: Confirmed the master arbitrator's award because the self-insurer's blanket denial repudiated liability and excused submitting proofs of claim, so the award was supported by a reasonable hypothesis and not contrary to settled law. - [MVAIC v Astro Med. Care P.C. (2009 NY Slip Op 50509(U))](https://www.beynensonlaw.com/case-law/mvaic-v-astro-med-care-p-c-2009-ny-slip-op-50509u/) — Supreme Court, Queens County, 2009-03-26 — Vacated: irrational/arbitrary [central]: Vacated the award and remanded for a new hearing because refusing to consider MVAIC's non-precludable coverage defense, that other insurance was available, was arbitrary and capricious despite the missed 30-day deadline. - [Mills v Government Employees Ins. Co. (2008 NY Slip Op 52141(U))](https://www.beynensonlaw.com/case-law/mills-v-government-employees-ins-co-2008-ny-slip-op-52141u/) — Supreme Court, Nassau County, 2008-10-01 — Award stands [also decides]: Held, as an alternative ground after improper service and untimeliness, that the arbitrator's denial of lost earnings and the master arbitrator's affirmance had a rational basis in the record, and confirmed the award under CPLR 7511 (e). - [Preferred Med. Imaging, P.C. v Liberty Mut. Fire Ins. Co. (2006 NY Slip Op 50278(U))](https://www.beynensonlaw.com/case-law/preferred-med-imaging-p-c-v-liberty-mut-fire-ins-co-2006-ny-slip-op-50278u/) — District Court of Suffolk County, 2006-01-19 — Vacated: irrational/arbitrary [central]: Vacated the master arbitrator's award because affirming a denial for failure to prove medical necessity, despite the insurer's untimely and precluded denial, ignored settled Second Department precedent and was irrational. - [Lamed Med. P.C. v Travelers Ins. Co. (2005 NY Slip Op 52142(U))](https://www.beynensonlaw.com/case-law/lamed-med-p-c-v-travelers-ins-co-2005-ny-slip-op-52142u/) — Civil Court of the City of New York, Kings County, 2005-12-22 — Award stands [central]: Dismissed the petition because the master arbitrator's denial of review as untimely under the 21-day rule was neither arbitrary nor capricious, and the provider's failure to exhaust barred review of the lower award. - [JSI Expert Servs. Inc. v Firemans Fund Ins. Co. (2005 NY Slip Op 52058(U))](https://www.beynensonlaw.com/case-law/jsi-expert-servs-inc-v-firemans-fund-ins-co-2005-ny-slip-op-52058u/) — Civil Court of the City of New York, Kings County, 2005-12-16 — Award stands [central]: Dismissed the provider's petition because the master arbitrator's affirmance, which left the workers' compensation defense open despite the untimely denial, rested on factual and legal determinations and was neither arbitrary nor irrational. - [RDK Med. P.C. v General Assur. Co. (2005 NY Slip Op 51281(U))](https://www.beynensonlaw.com/case-law/rdk-med-p-c-v-general-assur-co-2005-ny-slip-op-51281u/) — Civil Court of the City of New York, Kings County, 2005-08-12 — Vacated: irrational/arbitrary [central]: Vacated the master arbitrator's award upholding a services-not-rendered defense because no competent evidence or expert opinion supported finding that the billed services were not performed; the coverage characterization itself had a reasonable hypothesis. - [First Help Acupuncture, P.C. v Hudson Ins. Co. (2005 NY Slip Op 50565(U))](https://www.beynensonlaw.com/case-law/first-help-acupuncture-p-c-v-hudson-ins-co-2005-ny-slip-op-50565u/) — Civil Court of the City of New York, Kings County, 2005-04-18 — Award stands [central]: Denied the provider's petition because, the insurer having timely denied the claim, requiring proof of medical necessity was not irrational, and the award was supported by the record and not arbitrary. - [T.S. Med. P.C. v Country Wide Ins. Co. (2005 NY Slip Op 50581(U))](https://www.beynensonlaw.com/case-law/t-s-med-p-c-v-country-wide-ins-co-2005-ny-slip-op-50581u/) — Civil Court of the City of New York, Kings County, 2005-03-31 — Vacated: irrational/arbitrary [central]: Vacated the master arbitrator's award because affirming a denial that required the provider to prove medical necessity, despite a late denial, contradicted established law placing that burden on the insurer and lacked a rational basis. - [563 Grand Med., P.C. v Allstate Ins. Co. (2005 NY Slip Op 50127(U))](https://www.beynensonlaw.com/case-law/563-grand-med-p-c-v-allstate-ins-co-2005-ny-slip-op-50127u/) — Civil Court of the City of New York, Kings County, 2005-02-08 — Award stands [central]: Upheld the master arbitrator's affirmance denying the claim because the provider, owned by a physician not licensed in acupuncture, could not bill for acupuncture, and the petitioner never addressed that standing ground; licensing standing is always a proper inquiry. - [Better Health Med. P.C. v MVAIC (2005 NY Slip Op 50140(U))](https://www.beynensonlaw.com/case-law/better-health-med-p-c-v-mvaic-2005-ny-slip-op-50140u/) — Civil Court of the City of New York, Kings County, 2005-01-11 — Award stands [central]: Held the master arbitrator properly denied review as untimely and the provider showed no due process violation, so, having failed to exhaust master arbitration, it could not obtain review of the arbitrator's award. - [Kew Gardens Imaging v Liberty Mut. Ins. Co. (2004 NY Slip Op 51077(U))](https://www.beynensonlaw.com/case-law/kew-gardens-imaging-v-liberty-mut-ins-co-2004-ny-slip-op-51077u/) — Civil Court of the City of New York, Kings County, 2004-09-27 — Vacated: irrational/arbitrary [central]: Vacated the master arbitrator's affirmance of a medical-necessity denial because, the insurer having failed to pay or deny within 30 days, the award had no rational basis and was contrary to settled precedent on preclusion.