In re the Arbitration between Kessler & National Casualty Co.

Motion to vacate an award of arbitrators as in excess1 of their powers and beyond the submission (Civ. Prac. Act, § 1462, subd. 4) is granted (Matter of General Fuse Co. [Sightmaster Corp.], 7 Misc 2d 997, 998-999, citing Matter of Western Union Tel. Co. [American Communications Assn.], 299 N. Y. 177).

In accordance with their contract which affords arbitration solely “ In the event of disagreement between the Company and the Insured * * * with regard to any benefit claimed to be due under this policy” the parties went to arbitration on the petitioner’s demand arising from refusal of benefits…