Legal Opinion · Dissent

Arner v. Liberty Mutual Insurance

Appellate Division of the Supreme Court of the State of New York

Decided November 4, 1996Published

1DissentMcGinity, J.

and votes to reverse the order and judgment, on the law, deny the petition, and grant the cross motion to the extent of reducing the arbitration award to $20,000, with the following memorandum: While the overall purposes of arbitration are no doubt salutary and laudable, this proceeding illustrates some of the pitfalls of the arbitral process. For the reasons that follow, the arbitration award should be modified to limit the petitioner’s recovery to $20,000, the policy limit provided by the terms of his uninsured motorist coverage.

In 1985, Liberty Mutual Insurance Company (hereinafter…

2Cases cited7 opinions

  1. Norris v. CooperNew York Court of Appeals · 1984
  2. In re the Arbitration between Sprinzen & NombergNew York Court of Appeals · 1979
  3. Rokowsky v. Finance AdministratorNew York Court of Appeals · 1977
  4. MATTER OF VALENTE v. Prudential Prop. & Cas. Ins. Co.New York Court of Appeals · 1991
  5. In re the Arbitration between Nationwide Mutual Insurance & MillerAppellate Division of the Supreme Court of the State of New York · 1983

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