State Farm Mutual Automobile Ins. v. Eagle Insurance

OPINION OF THE COURT

Memorandum.

Order unanimously modified by providing that the petition is granted insofar as it sought to vacate the arbitrator’s award, the cross petition to confirm the award is denied, and matter remanded for arbitration before a different arbitrator; as so modified, affirmed without costs.

Pursuant to the mandatory arbitration provisions of Insurance Law § 5105, petitioner State Farm Mutual Automobile Insurance Company, as subrogee of Dennis Shannon, filed a demand for arbitration on September 28, 1998 seeking reimbursement for no-fault payments it made to its subrogor,…