Legal Opinion
Kemper Insurance v. Westport Insurance
Appellate Division of the Supreme Court of the State of New York
Decided July 19, 2004PublishedCited by 3 opinions
1Opinion of the Court
In a proceeding pursuant to CPLR article 75 to vacate an arbitration award, Westport Insurance Company and Mattei Companies appeal from an order of the Supreme Court, Queens County (Hart, J.), dated August 4, 2003, which granted the petition.
Ordered that the order is affirmed, with costs.
*432An arbitration award in a mandatory arbitration proceeding will be upheld if it is supported by the evidence and is not arbitrary and capricious (see Matter of Motor Veh. Acc. Indem. Corp. v Aetna Cas. & Sur. Co., 89 NY2d 214, 223 [1996]). The Supreme Court correctly found that the arbitrator’s determination…
2Cases cited4 opinions
- Motor Vehicle Accident Indemnification Corp. v. Aetna Casualty & Surety Co.New York Court of Appeals · 1996
- Doherty v. Barco Auto Leasing Co.Appellate Division of the Supreme Court of the State of New York · 1988
- In re the Arbitration between State Insurance Fund & Country-Wide InsuranceAppellate Division of the Supreme Court of the State of New York · 2000
- Allstate Insurance v. Manfredi Motor Transit Co.Appellate Division of the Supreme Court of the State of New York · 1990
3Cited by3 opinions
- State Farm Mutual Automobile Insurance v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 2005
- Allstate Insurance v. American Arbitration Ass'nAppellate Division of the Supreme Court of the State of New York · 2006
- In re the Arbitration between Progressive Northeastern InsuranceAppellate Division of the Supreme Court of the State of New York · 2008