In re the Arbitration between Sefcik & Allstate Insurance

—Order unanimously reversed on the law without costs, petition denied, cross petition granted and award vacated. Memorandum: Petitioner submitted a claim to respondent, his insurance carrier, for underinsurance benefits. The parties submitted the claim to arbitration under the rules of the American Arbitration Association, in accordance with the policy. The arbitrator awarded $65,000 to petitioner, who commenced this proceeding to confirm that award.

Supreme Court erred in denying respondent’s cross petition seeking to vacate the award and to schedule a trial de novo. The policy provides that,…